What are the differences between federal and state law when it comes to eminent domain?

In Washington, both federal and state law govern the use of eminent domain. However, there are differences between the two. At the federal level, the Fifth Amendment of the US Constitution sets forth the limitation of the government in taking private property for public use. The power of eminent domain can only be exercised when it is for a public use, a fact which sets the limits of what the government can take and how much it can pay as compensation for the property. At the state level, Washington law further defines when eminent domain is allowed. For example, the state law states that in order for the government to take private property for public use, the property must be used for a common purpose and the taking must be necessary and reasonable. Washington state also requires that local governments provide just compensation to the property owner if they decide to exercise eminent domain. Overall, while federal and state law both give the government the right to take private property for public use, the differences are in the purpose and extent of the taking. For example, the Fifth Amendment sets the bar for what is allowable, while state law sets out more specific requirements for when and how the power of eminent domain can be exercised.

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What are the differences between federal and state law when it comes to eminent domain?

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