PSI Virginia Real Estate Practice Exam

What is required for the government to exercise eminent domain?

1. Payment of compensation to the owner

2. Approval from local voters

3. A waiting period of 60 days

4. A zoning change

The correct answer is: Payment of compensation to the owner

Eminent domain is the power of the government to take private property for public use, provided that it pays just compensation to the property owner. This fundamental requirement is grounded in the Fifth Amendment of the U.S. Constitution, which states that private property cannot be taken for public use without just compensation. This ensures that property owners are fairly compensated for their loss and protects their property rights. The other options do not align with the requirements for exercising eminent domain. For instance, approval from local voters is not a necessary step in the eminent domain process, as this power is typically exercised at the governmental level without the need for public voting. A waiting period of 60 days is not a stipulated requirement in eminent domain proceedings; such timelines may vary by jurisdiction and specific local laws. Lastly, a zoning change is unrelated to eminent domain; zoning changes pertain to land use regulations rather than the government's right to acquire property. Hence, the need for payment of compensation is the fundamental aspect that validates the government's exercise of eminent domain.