Does eminent domain apply to renewable energy projects?

Yes, eminent domain may apply to renewable energy projects in Maryland. Eminent domain is the legal process by which the government takes private property for a public use. This means if the property is necessary for a public project, like a renewable energy project, the government may take it by eminent domain. In Maryland, the Renewable Energy Portfolio Standard requires that a certain amount of energy come from renewable sources each year. To meet this requirement, the state government may take private property for renewable energy projects, such as wind farms or solar arrays. To take property by eminent domain, the government must follow specific conditions set out by the state. First, the government must provide the landowner with fair compensation for the property taken. Second, the taking must be for a public use, meaning that it must benefit the public in some way. Because renewable energy projects must be developed to meet energy needs, they are generally seen as benefiting the public. As such, renewable energy projects may be appropriate for use of eminent domain. However, the government must still meet all the conditions of eminent domain set out by the state. If the landowner is not provided with fair compensation or if the taking is not for a public use, then eminent domain may not be used.

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Does eminent domain apply to renewable energy projects?

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