What are the limits of eminent domain power?

Eminent domain power in Delaware is the power of the government to take private property for public use without the owner’s consent. However, it is important to note that there are limits to the power of eminent domain. In Delaware, public use is defined very narrowly and the taking of property must have a clear public benefit that outweighs the owner’s loss. For example, the government cannot take private property from an individual in order to give it to another private entity. The taking of property must actually benefit the public, such as building a bridge or a public park. In addition, the government must pay “just compensation” to the owner of the property if they take it. Just compensation means a fair market value for the property, as determined by a qualified appraiser. The government must also consider how the taking of the property will affect the owner’s financial situation. For example, if the owner is a business that receives revenue from the property, the government must consider the lost revenue. Finally, the government must show that the public use of the property is necessary and that there is no other reasonable alternative. If there is an alternative that does not involve taking away private property, then the government cannot use eminent domain to acquire it. Therefore, while eminent domain power in Delaware is great, there are limits to how it can be used. It must be used for a legitimate public purpose and must not be an abuse of power. The government must also make sure to pay a fair amount in compensation to the owner.

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What are the limits of eminent domain power?

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