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

Eminent domain is an important part of land use law in Washington. It is the power of the government to take private land for public use, with just compensation to the owner. This might include roads, public buildings, parks, or utilities. In Washington, eminent domain is recognized in both state and federal law. The Washington State Constitution expressly authorizes it, and federal law sets forth the necessary procedures. Before any government body can take private property, it must show that it has a legitimate public interest for doing so, such as for public health, safety, and welfare. When the government takes private property for a public use, it must pay the owner a fair market value for the land. In Washington, the value of the land should be determined by a jury if the owner and the government cannot agree on a price. Eminent domain is a powerful tool that can be used to benefit the public, but it can also be abused. To protect private landowners, the Washington state legislature has enacted several laws to ensure that government entities do not take private property without legal justification. For example, government entities must offer landowners a reasonable relocation package if their property is taken, and they must follow proper notice and hearing procedures. Overall, the role of eminent domain in land use law is to protect the public interest while balancing the rights of private landowners.

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