What is the role of eminent domain in land use law?

Eminent domain is a key element of land use law in California. This legal concept gives the government the power to take private land for public use. It allows the government to override private property rights when the public interest requires it. For example, if a city needs to build a new school or a highway, it can use eminent domain to take land from its owners. The government must fair market compensation to the land’s owners for property taken through eminent domain. In California, the property must be valued by a Comparable Sales Technique, which uses recent sales of similar properties to determine the value of the taken land. Courts will also consider any special or unique characteristics of the taken property to determine a fair price. Eminent domain can also be used to acquire rights-of-way, easements or public access areas. In these cases, the government can take land without owning it. The landowner will still be compensated with an easement fee. Eminent domain is a necessary tool of government when land is needed for the public good. It ensures landowners are compensated fairly and allows the government to make changes that benefit the entire community.

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What is the role of eminent domain in land use law?

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