What is a taking without compensation?

A taking without compensation is a type of eminent domain law in New Mexico. Eminent domain gives the government the power to take private property for public purposes such as building roads or expanding an existing public project. When the government exercises this power, it must compensate owners for the value of their property. A taking without compensation is when the government takes the property without compensating the owner. In New Mexico, the government can take private property without any compensation if the taking is for a public use, such as the construction of a road or school, or for the benefit of the public, such as for flood control or conservation. In addition, the government may also take private property in order to cure a physical or health hazard, or in order to protect the public from a danger posed by the property. When the government exercises its power of eminent domain, the government must provide notice to the property owner, and the owner must be given the chance to challenge the taking. If an owner decides to challenge the taking, the court will consider factors such as the public purpose being served, the value of the property, and any available alternatives. In New Mexico, a taking without compensation can be done if the public is getting a benefit from the taking, and if the owner is not receiving adequate compensation. When that happens, the property owner may be able to file a claim against the government to receive equitable relief.

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What is a taking without compensation?

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