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Encumbrances are examples of

a. Illegal interests.

b. Eminent domain.

c. Public interests.

d. Private interests.

User Raechel
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Final answer:

Encumbrances are examples of private interests because they are burdens placed on property by private parties and include limitations like easements and restrictive covenants. They differ from eminent domain, which is a government power used for public interests, subject to just compensation under the Takings Clause of the Fifth Amendment.

Step-by-step explanation:

Encumbrances are examples of d. Private interests. An encumbrance is a legal term for any burden that affects land or property, such as an easement or a restrictive covenant.

These are placed on the property by private parties, not the government, and can limit the use or transferability of the property. They differ from eminent domain, which is the government's power to take private property for public use, provided fair compensation is given. Eminent domain serves public interests by facilitating projects like building roads, schools, or other public utilities.

Under the Takings Clause of the Fifth Amendment, the government has the authority to exercise eminent domain but must ensure that the property owner receives just compensation. Therefore, encumbrances fall within the domain of private interests as they originate from agreements or restrictions imposed by private entities, rather than governmental or public exercises of power like eminent domain.

User Pangolin
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