What constitutes a public use of eminent domain?

In Virginia, the use of eminent domain is strictly regulated by the state and federal government. Generally, the government can condemn private property for a public use. In order for the taking of a private property to be considered a public use, it must serve some public purpose. Examples of public uses include building public roads, constructing public buildings, providing public utilities, and even enhancing economic development. The government may also use eminent domain to acquire private property for public use indirectly. This could include the transfer of the property from one private party to another private party in order for the new owner to use the land for a public purpose. For example, the government may transfer land from one private landowner to another private landowner in order to build a public school or hospital. The government must provide property owners with just compensation for the taking of private property for public use. The just compensation must be determined using the fair market value of the property. This means that the owner must receive the fair market value of the property as well as relocation costs and other expenses related to the taking of the property. Overall, in Virginia, public use of eminent domain must serve some type of public purpose and the property owner must be given fair market value for the taking of the property. Additionally, the government must also prove that the taking of the property is necessary for the public use.

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What constitutes a public use of eminent domain?

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