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Which of the following is true about land taken for public use?

A) The local use will benefit the residents in the immediate area
B) The health, safety, and welfare of the government must be the reason
C) The owner must be fairly compensated
D) The property is then established as a fee simple determinable estate for a particular use

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Final answer:

The answer is C) The owner must be fairly compensated when land is taken for public use under eminent domain. The government must also use the land for the public good, although this can be broadly defined to include economic benefits for the community.

Step-by-step explanation:

When land is taken for public use, it is often under the principle of eminent domain, which allows for the government to take private property for public use, provided two main conditions are met. These conditions are that the owner must be fairly compensated, as stated under the Takings Clause of the Fifth Amendment of the United States Constitution, and that the use must be for the public good. The courts have generally interpreted 'public use' to include broader concepts such as public purpose or benefit, which can include economic benefits to the community, as established in the Supreme Court case Kelo v. City of New London (2005).

The notion that the local use will benefit the residents in the immediate area is a common justification for such takings, although the benefit does not need to be limited strictly to the local residents. The health, safety, and welfare of the government do not need to be the sole reasons for taking land for public use. It is not accurate to say that the property is established as a fee simple determinable estate for a particular use, as this is a specific type of property interest that is not intrinsic to the concept of eminent domain.

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