Can private individuals use eminent domain?

No, private individuals cannot utilize eminent domain in the state of Delaware. Under Delaware law, only the state and certain government entities have the authority to use eminent domain. This includes local governments, such as counties, municipalities, and school districts. These entities may exercise the power of eminent domain in order to acquire private land for public use. For example, a local municipality may use eminent domain to construct a new highway or a school district to build a new school. In these cases, the landowner must be fairly compensated for their property. This is usually determined using a court-appointed appraiser who evaluates the market value of the land. Eminent domain is generally used only as a last resort and when a local government entity can prove that the acquisition of the property is necessary for public use. Additionally, the U.S. Constitution only grants the power of eminent domain to government entities for public use, and not for private gain. Therefore, private individuals in Delaware cannot use eminent domain.

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