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To take a property by eminent domain, the government must show that

a. the owner is not putting the property to its highest and best use.
b. the property will be used for the public good.
c. the property has limited value on the open market.
d. the owner agrees to part with the property.

1 Answer

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Final answer:

To exercise eminent domain, the government must demonstrate that the property will be used for the public good, which includes a broad interpretation that can encompass economic development, as supported by the Supreme Court in Kelo v. City of New London. Option b.

Step-by-step explanation:

To take a property by eminent domain, the government must show that the property will be used for the public good (b). Under the Fifth Amendment to the United States Constitution, eminent domain allows the government to take private property for public use with the requirement of providing just compensation to the owner. The definition of "public use" has been broadened by the Supreme Court to include purposes that serve a broader "public purpose," which can include economic development projects that are expected to benefit the community economically.

Notable cases such as Kelo v. City of New London (2005) have highlighted that 'public use' can be interpreted to include the economic benefits of private development projects, like shops, restaurants, and offices if they are believed to serve the public's interest. However, this has sparked controversy and led many states to pass legislation intended to restrict the use of eminent domain, preventing local governments from transferring property seized for economic redevelopment to private entities.

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