What is the standard of review for an eminent domain case?

In Georgia, the standard of review for an eminent domain case is whether the taking was done for a public purpose. This means that the taking is for a purpose related to public safety or public welfare, such as for constructing roads, buildings, or infrastructure for public use. To determine whether the taking of private property is for a public purpose, a court must weigh the public benefits against any potential harm to the owner of the property. The state must also demonstrate that the taking of private property is necessary for a public purpose. In determining whether the taking of private property is necessary, the court must consider if there are any alternate solutions that may be used. For example, the court could consider if there are any alternate sites or other means of acquiring property that would not cause the same level of harm to the owner. Finally, the state must demonstrate that the amount of compensation offered to the owner is just and reasonable. The court must take into consideration the current fair market value of the property, as well as any damages that were sustained by the owner from the taking. The court must also look at the amount of compensation that is offered in similar eminent domain cases. Overall, the standard of review for an eminent domain case in Georgia is whether the taking of private property is necessary for a public purpose, and that the amount of compensation offered to the owner is just and reasonable.

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What is the standard of review for an eminent domain case?

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