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

The difference between a legislative taking and an administrative taking in Washington is the manner in which the government acquires the property. A legislative taking occurs when the state legislature passes a law that authorizes the taking of property, while an administrative taking occurs when a state agency or governmental body makes the decision to take property. Legislative takings are generally limited to cases where it is necessary for public use, such as building roads, public schools, or other public works. This process usually involves public hearings and compensation for the taking of the property. Additionally, the property owner may file a challenge in court if they feel the taking was for something other than a public use. Administrative takings, on the other hand, involve a governmental body, such as a state agency or county board, which can take a property without public hearings or public comment. This type of taking is usually done for economic development purposes. Administrative takings are also typically not open to any type of legal challenge. In Washington, both of these types of takings must be considered valid under the definition of eminent domain, which states that the government can take private property for public use with just compensation. The difference between a legislative and an administrative taking is simply the manner in which the government makes the taking.

Related FAQs

What is the difference between just compensation and fair market value?
What is the difference between the amount of compensation I am entitled to receive and the actual amount I receive?
What is the difference between eminent domain and condemnation?
What is the difference between a redevelopment project and a development project?
What are the consequences of an uncompensated taking?
What is the difference between eminent domain and inverse condemnation?
Are there any restrictions on the use of eminent domain power?
What is inverse condemnation?
Can I receive compensation for emotional distress?
Does eminent domain apply to renewable energy projects?

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

Related FAQs

Related Blog Posts