What is a taking without compensation?

A taking without compensation is a type of eminent domain law in Nebraska. Eminent domain is the power of the government to take privately owned property for a public use. This can be for public projects such as roads, bridges, and other public infrastructure. When the government takes private property for public use, it is required to compensate the owner of the property. However, in some cases, the government takes private property without compensating the owner. This is known as a taking without compensation. In Nebraska, a taking without compensation generally occurs when the government believes that the value of the property taken is outweighed by the public benefit of the project. For example, if constructing a road would benefit the public more than it would cost the owner of the property, the government may take the property without paying the owner. In all cases, a taking without compensation must be for a public use. Private citizens cannot take the property of another individual without compensating them. The government also cannot take private property for the benefit of a private individual or business. In Nebraska, if the government takes private property without compensation, the owner can file a legal claim in order to dispute the taking. By doing so, the owner may be able to receive compensation for the property taken.

Related FAQs

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