Are there any restrictions on the use of eminent domain power?

Yes, there are restrictions on the use of eminent domain power in Virginia. Eminent domain is the right of the state to take private property for public use, either for construction of public projects or redevelopment. In order to do this, a state must have the power of eminent domain, meaning that Virginia specifically authorizes and controls the use of its property through the Virginia Code. Before a government entity can exercise powers of eminent domain in Virginia, there must be a compelling public purpose for taking the property. This purpose must be closely related to a public use and benefit. Typically, this includes construction of roads, educational facilities, and public buildings. Additionally, in order for eminent domain power to be used in Virginia, the plan for the property must be reasonable and necessary. This means that the plan should be feasible and practical in achieving the stated public purpose. It also must be supported by the government entity that will use the property. Lastly, fair compensation must be provided to the owners of the property being taken if eminent domain power is to be used in Virginia. The compensation must be an amount that is just and equitable, taking into account the fair market value of the property. This amount should be determined by appraisers who have experience in evaluating the property. Ultimately, the use of eminent domain power is limited in Virginia by the need for a compelling public purpose, a reasonable and necessary plan, and fair and just compensation for the property owners.

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