How does the Georgia Constitution address eminent domain and public lands?

• A. The state may acquire private property for public use through eminent domain with due process and just compensation
• B. The state may acquire private property for public use through eminent domain with only partial compensation
• C. Eminent domain requires a federal mandate
• D. The state cannot use eminent domain for public lands

Answer: (B)

Georgia’s Constitution allows the state to take private property for public uses, including creating or expanding public lands, but it must follow two protections for owners: due process and just compensation. Due process means the owner has proper notice and a fair opportunity to challenge the taking, while just compensation means the owner is paid an amount that reflects the property's market value. Partial compensation would not meet the requirement of just compensation. The eminent domain power here does not hinge on a federal mandate; it operates under Georgia’s own Constitution and laws to serve public purposes.