What is a taking without compensation?

A taking without compensation is when a government or public entity forces a private property owner to surrender the use of their land without receiving any form of payment. This is allowed under the law of Eminent Domain in Washington. In general, Eminent Domain laws allow the government or public entities to take private property for public use or development. These uses could include building new roads, expanding a public park, or creating new public housing. The private property owners are typically offered a fair market value as compensation for the use of their land. However, in some cases, the government or public entity may take the land with no compensation at all. This is known as a taking without compensation. Examples of this can include government agencies temporarily taking over land to complete an urgent public construction project, or in the case of public health and safety matters, the government may take land with no payment. No matter the case, if a taking without compensation occurs, the private property owner cannot be forced to surrender the land and is entitled to a full legal defense in court. Also, the property owner must receive written notice of the taking without compensation from the government or public entity before the taking can occur. Ultimately, a taking without compensation is a serious infringement on the rights of the private property owner and should only be used as a last resort.

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What is a taking without compensation?

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