What are the limits of eminent domain power?

In Nebraska, the limits of a government’s ability to exercise its power of eminent domain are defined under the Nebraska Constitution. This power may only be used for public purposes. This means that the government can only take private property for the public good, such as building roads, public parks, schools, or other government facilities. Another important limitation is the government must pay just compensation to the property owner for the taking of their land. This compensation must be determined by an independent appraiser and should equal the fair market value of the property. The government must also provide the property owner with notice of their intentions to take the property and an opportunity for the owner to be heard in court if necessary. In addition, the Nebraska Supreme Court has determined that the power of eminent domain cannot be used to take property when the primary purpose is to benefit private interests rather than the public as a whole. For example, the government could not take a private parcel of land and give it to a private developer to build a shopping mall or other private development. Furthermore, the government must also provide property owners with relocation assistance if their property has been taken for public use. These are the main limits of eminent domain in Nebraska. While the government has the right to take private property, it must ensure that the property owner is fairly compensated and that the taking is for public rather than private use.

Related FAQs

What is the compensation I can receive for my property?
What is a declaration of taking?
Can private individuals use eminent domain?
What is the procedure for resolving a dispute over compensation?
What is the purpose of eminent domain?
Is there a way to appeal a condemnation order?
What is the process for determining the public use of my property?
Does eminent domain apply to renewable energy projects?
What should I do if my property has been taken?
How do I determine the fair market value of my property?

What are the limits of eminent domain power?

Related FAQs

Related Blog Posts