What is the difference between a legislative taking and an administrative taking?

Eminent domain law in Virginia involves two types of taking - legislative and administrative. Legislative takings refer to those that require an act of the legislature in order to take private property. This could include passing a law that allows a government entity to purchase the property. This form of eminent domain is typically used for public projects, like the construction of a highway or a bridge. Administrative takings, on the other hand, refer to those that are taken without an act of the legislature. This is when a government agency has authority to take property without a formal vote. For example, a city may have the authority to take land for a public park without a legislative vote. In summary, the difference between a legislative taking and an administrative taking is that a legislative taking requires an act of the legislature to take private property, while an administrative taking does not. Legislative takings are typically used for large, public projects, while administrative takings are often done for smaller projects.

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What is the difference between a legislative taking and an administrative taking?

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