Describe a scenario where a property owner might argue that his property is being “taken” from him by a local government because of a restriction that is put on the land. Now describe what the competing “public use” of the restriction would be.
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Eminent domain is the power of the government to take private land for public use. This power is limited by the federal Constitution and by state Constitutions. When the government does take private property for a public purpose, it must fairly compensate the owner for the loss.
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