Kovats Real Estate School Practice Test

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What typically must occur for a government to rightfully execute eminent domain?

Approval from all neighbors
Public announcement of intent
Due legal process with just compensation
A petition by local businesses

The correct answer is: Due legal process with just compensation

For a government to rightfully execute eminent domain, due legal process with just compensation is essential. This process involves a formal procedure in which the government must provide notice to the property owner and offer just compensation for the property to be acquired. Just compensation typically refers to the fair market value of the property at the time of taking. This requirement safeguards the rights of property owners and ensures that they receive equitable treatment if their property is appropriated for public use, such as building roads, schools, or other infrastructure. This principle is grounded in the Fifth Amendment of the U.S. Constitution, which states that private property shall not be taken for public use without just compensation. Therefore, without following these legal parameters, any action taken by the government to seize property could be deemed unlawful and subject to challenge. Options that mention approval from neighbors or petitions by local businesses are not legally required components of the eminent domain process. Also, while a public announcement might be part of the process in some jurisdictions, it does not fulfill the legal obligation regarding due process and compensation.