What constitutes a public use of eminent domain?

In New Jersey, a public use of eminent domain is defined as any use that is reasonably necessary for the public good. This means that land may be taken for essential services such as road and infrastructure, public parks, public transportation, public housing projects, and other public structures. However, the New Jersey Supreme Court has ruled that eminent domain may only be utilized when the taking of the land “significantly advances a legitimate public purpose that outweighs the private interests of the landowner.” In addition, the New Jersey Supreme Court has specified that public use of eminent domain does not include private development, such as shopping centers, private schools, and other similar uses. These types of developments are viewed as being for private gain, and thus are not considered a legitimate public use of eminent domain. The process by which eminent domain is utilized is subject to government regulations and laws in New Jersey. If land is to be taken for public use, the government must show that it is necessary for a legitimate public use, and provide just compensation to the landowner. Additionally, the government must provide the landowner with a hearing, allowing them a chance to challenge the public use of the eminent domain. If the court rules that the public use is legitimate, it will then approve the taking, and the landowner will receive just compensation.

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What constitutes a public use of eminent domain?

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