Themis Essay 857

Question 1

An ordinance’s validity is

Answer 1

presumed, and must be overcome by clear and convincing proof.

Question 2

With regard to condemnation proceedings under the Virginia Constitution, the condemnor bears

Answer 2

the burden of proving that the use is public, without a presumption that it is.

Question 3

Local governments are authorized by statute, to

Answer 3

condemn private land for public use through the power of eminent domain.

Question 4

Eminent domain authority must be used for

Answer 4

“public use.”

Question 5

A public use is when property is taken for:

Answer 5

(i) possession, ownership, occupation, and enjoyment by the public;
(ii) construction, maintenance, or operation of public facilities by a public corporation;
(iii) the creation or functioning of any public service corporation or railroad;
(iv) the provision of any authorized utility service;
(v) the elimination of blight, provided the property itself is a blighted property; or
(vi) as part of a redevelopment or conservation area where the property is abandoned or where acquisition is needed to clear title.

Question 6

In eminent domain, no more private property may be taken than

Answer 6

that which is necessary to achieve the stated public use.

Question 7

By statute, the elimination of blight is a public purpose, provided that

Answer 7

the property itself is a blighted property.

Question 8

__________ ____________________ must be paid to an owner when a private property is condemned.

Answer 8

Just compensation

Question 9

The measure of compensation for taken property is

Answer 9

the fair market value at the time of the taking.

Question 10

In determining fair market value of a taken property, courts may consider the property’s

Answer 10

adaptability and suitability for any legitimate purpose in light of the conditions and circumstances that exist at the time of the taking or that may reasonably be expected in the near future.