When is eminent domain used in land use law?
Eminent domain is a power granted to the government to take private property for public use without the consent of the owner. It is used in land use law for a variety of purposes, such as building highways, schools, or other public works projects. In Washington, eminent domain is used in land use law to acquire land for public use. This is done through a process called condemnation. Condemnation is a legal process used by the government to take private property for public use, often with the intention of improving public infrastructure or providing public services, such as schools or hospitals. When a property is condemned, the government offers the owner fair compensation for their land. The property is then transferred to the government, which will use it for the public benefit. Another way eminent domain is used in land use law is to clear property of blight, which is defined as a state of disrepair or deterioration that affects the health, safety, and welfare of a community. Blighted properties are often taken by the government to improve the quality of life in a given area. In these cases, the government may also provide relocation assistance to affected property owners. Eminent domain is also used in land use law to facilitate urban planning. This includes land acquisition for major public works projects, such as highways, or for development projects, such as shopping malls or other large-scale commercial developments. In all cases, eminent domain must meet certain criteria for it to be legally allowed in land use law. It must be for a public purpose, such as improving public infrastructure or providing public services, and it must be done in a way that provides just compensation to the landowner.
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