What is the difference between eminent domain and zoning laws?

Eminent domain and zoning laws are two distinct types of laws used by government authorities to regulate land use and development. Eminent domain is the power of a state or local government to take private property for public use, usually with just compensation to the owner. Eminent domain is typically used for large public infrastructure projects like highways, roads, and water systems. Zoning laws are ordinances that protect communities by regulating the use of land, such as preventing businesses from operating in residential areas. Eminent domain law in Virginia states that property may only be taken upon a showing of public purpose or necessity. This includes the construction of public facilities, such as roads, bridges, schools, and parks; the preservation of protected historic sites; and the elimination of urban blight, such as dilapidated buildings. The government is required to provide just compensation to the private property owner based on the fair market value of the property. In contrast, zoning laws generally involve the regulation of the private use of land, such as separating residential and commercial areas. This is done to promote public health, safety, and general welfare. For instance, zoning ordinances can dictate the number of buildings allowed per lot, the size of the building, the setbacks from adjacent property lines, and the amount of parking required. These restrictions are generally intended to ensure that land is used in a way that is beneficial to the public.

Related FAQs

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Are there any restrictions on the amount of compensation I can receive?
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