What constitutes a public use of eminent domain?

Eminent domain is a power given to the government to take private property for public use. In North Carolina, the government can take private property if they can prove that the taking is for a public use. Public use is defined broadly and includes the construction of public roads, schools, hospitals, and other public facilities. It also includes taking land for parklands, conservation areas, or even for the purpose of economic development. For any taking of private property, the government must provide the public with a detailed plan of the project that explains how it will serve the public and the benefits that the public will gain from it. This plan must be made available for public review and comment. The government must also provide the property owner with just compensation for the taking. Just compensation typically includes the fair market value of the property at the time of the taking, plus any costs associated with relocating the property owner and any associated damages. Eminent domain is a powerful tool and must be used with discretion. North Carolina requires that any use of the power of eminent domain for public use must meet the requirements of the public good. In other words, the taking of private property must be shown to have a legitimate public purpose.

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