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3 times to consider fighting eminent domain

On Behalf of | Jun 26, 2024 | Eminent Domain |

Eminent domain, the government’s power to seize private property for public use, is a complex and often contentious issue. While the government must provide just compensation for any property taken, there are times when property owners may want to challenge an eminent domain action.

Understand the signs that you should consider fighting your eminent domain case.

1. Lacking public use justification

One of the key requirements for eminent domain is a legitimate public use, such as building a highway or creating a public park. If you believe that the government’s stated purpose for the taking does not meet the public use requirement, you may have grounds to challenge the eminent domain action.

For example, if the government wants to transfer your property to a private developer for a commercial project, you could argue that this does not serve a true public purpose.

2. The compensation offered is inadequate

When the government exercises its eminent domain power, it must provide just compensation to the property owner. This compensation depends on the fair market value of the property. If you believe that the government’s offer of compensation is significantly lower than the true value of your property, you may want to contest the eminent domain action.

In some cases, the government may not account for the unique features of your property or the potential future value of the land. By challenging the eminent domain action, you can seek a more accurate and fair valuation of your property.

3. The taking is not necessary

Another requirement for eminent domain is that the taking of private property must be necessary to achieve the stated public purpose. If you believe that the government could achieve its goal without seizing your property or by taking a smaller portion of your land, you may have a case for fighting the eminent domain action.

For instance, if the government plans to build a road through your property but you can demonstrate that an alternative route would be less disruptive and still serve the public need, you could challenge the necessity of the taking.

Eminent domain is a powerful tool for the government. However, property owners have the right to challenge eminent domain actions in certain situations. Consider these points and the facts about your property and its future before you decide how to proceed.