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Land Use Controls and Regulations

Eminent domain

The government power to take private property for public use on payment of just compensation. Condemnation is the process by which it is exercised.

How the exam uses eminent domain

Eminent domain is the power and condemnation is the process. Questions offer both and expect you to know which word was asked for.

What a question on this looks like

A property use that was lawful before a zoning change and is allowed to continue is:

Answer: A nonconforming use A nonconforming use is grandfathered because it predates the ordinance. A variance is permission granted after the fact for a hardship.

Related terms

  • Escheat: The reversion of property to the state when an owner dies with no will and no locatable heirs.

Drill this in context at practice by topic, or browse the full glossary.