What is eminent domain?

Eminent domain is a legal power that allows the government (at any level, federal, state, or local) to take private property for public use. It is used by governments to acquire property for public projects such as roads, hospitals, and schools. In the state of Washington, eminent domain is authorized by the Washington Constitution and state statute. When the government exercises its power of eminent domain, the owner of the property is entitled to compensation for the value of the property taken. The amount of compensation must be fair market value - the amount that a willing buyer is willing to pay a willing seller in an arm’s length transaction. If a property owner disagrees with the government’s valuation of the property, they can go to court and challenge the amount of compensation offered. The court will then make a determination of the value of the property to determine the amount of compensation. Eminent domain is a very powerful legal authority, and it is essential that property owners understand their rights when dealing with the government. The government must act in accordance with the law and must pay the property owner fair market value for any property taken.

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