What are the limits of eminent domain power?

In North Carolina, there are limits to the power of eminent domain. Eminent domain is the power held by the government to take private property for public use, with proper compensation. This power is limited to certain uses such as building roads, parks, or public utilities. The government must have a public purpose for using the land, and the land must be taken for the good of the general public. Additionally, the government must follow certain procedures when exercising eminent domain in North Carolina. This includes giving the owner of the property notice and an opportunity to be heard in court before the taking occurs. Furthermore, the owner of the property must be provided with fair and just compensation for the taking. This means the owner must be given a fair amount of money that is equal to or greater than the property’s fair market value. Lastly, private property may also be taken through the doctrine of nuisance, if the owner fails to correct a problem on the property that is dangerous to the public. However, the property must be a clear, present, and continuing danger to the public in order for the government to exercise its power of eminent domain. Overall, the power of eminent domain is limited in North Carolina, and there are certain restrictions that must be followed before the government can take an owner’s property.

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What are the limits of eminent domain power?

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