How does the government determine the public use of a taking?

In Washington, eminent domain law is determined by the state and federal government. The government must first determine if the taking of private property is for a public use. The public use must primarily benefit the public at large, rather than serve a private purpose. Once the government has determined that the taking is for a public use, it must then determine an appropriate payment for the property taken. This is usually done through negotiation, but if the property owners cannot agree on an amount, then the government can step in and determine a fair market price for the property. After that, the government will issue a Notice of Taking to the property owners and the court will determine the amount to be paid. Once payment is made to the property owners, the property is transferred to the government. Washington endeavors to ensure that all takings are fair and just. The government must always have an underlying purpose to its takeover of the property, such as to build a highway, school, or other public service. Any taking of property for other private interests will be closely examined and likely blocked by the state. Additionally, all takings must be accompanied by fair compensation to the property owners so that no one is taken advantage of during the process.

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How does the government determine the public use of a taking?

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