What is the difference between eminent domain and zoning laws?
Eminent domain and zoning laws are two distinct sets of laws impacting the use of land and structures. Eminent domain is the power of the government to take private property for public use. This power is given to the government by the U.S. Constitution. In North Carolina, eminent domain can only be used for a public purpose, such as for roads, schools and parks. The property owner must be compensated for their land or property taken. Zoning laws, on the other hand, dictate how a piece of land and the structures on it can be used. Zoning laws can be enforced by both local municipalities and counties. Zoning laws are used to keep properties in specific areas designated for residential, commercial, industrial, or agricultural purposes. Zoning laws can also have restrictions on the size and height of any building that is erected on a piece of land. The main difference between eminent domain and zoning laws is that eminent domain is the power of the government to take private property while zoning laws are the regulations used to determine how land and structures can be used. Eminent domain is used for public purposes while zoning laws are used to ensure that land and structures are used appropriately and in accordance with local and county regulations.
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