Featured News 2013 Eminent Domain

Eminent Domain

Have you ever heard of the term of someone having their property "condemned"? What this means is that their property is being taken over by the government for the use of the public; otherwise known as eminent domain. Unfortunately, the government holds the power to seize your property whether or not you favor that decision. Under the United States Constitution in the Fifth Amendment, also termed the "Takings Clause," it explicitly gives them the right to take private property from the people as long as the owner of said property receives just compensation and it is for the use of the public. While this authority rests with the government, there are circumstances in which the government will give the authority for eminent domain to companies who appear to have legitimate purposes for the public in mind.

Under the "takings Clause" the government is given the authority to determine whether eminent domain in a specific situation is considered to be constitutional. In order for the government to take the property owners land, the owner will be fully striped of every right they have to that specific location and all benefits associated with it. If the regulations the government in some way allow the owner of the property to still deprive any form of benefit from the location, the government is no longer mandated to pay just compensation.

Defining public use of the property after it has been taken by eminent domain means that it must be something the court constitutes as a benefit to the public or for public use. As stated above, there are special circumstances in which the courts will give the authority for private corporations, though in most cases they will look for something that in one way or another benefits the interest or welfare of the public. The goal of the government when enforcing eminent domain on a private report is to promote the economic values and aesthetics of the city. This would include adding parks for the public, historical landmark preservation, improve transportation or defense installations. In some cases the government will simply approve the condemnation of your personal property so that the city can be a part of the bigger growth of the urban society and further urban development.

In the event that the government deems a certain property as a hazard to the community for health or safety reasons, they may choose to replace and rebuild commercial buildings or even deteriorated houses in order to improve the looks of the community and attempt to fight poverty. By doing this, the government is not actually taking the owners property, and once the process is complete the owners maintain full rights to sell or maintain the property even though eminent domain was used to repair the property by the government.

When addressing the topic of receiving just compensation from the government after your property has been condemned, it is important to realize that this amount will not be excessive. Rather, it will be a fair amount the adequate is for the type of property they are taking from you. However, there are many situations in which the property owner and the government are unable to reach an agreement for this compensation, or the owner overall does not want to lose their property; and if this is the case, hiring a real estate lawyer is your best chance. It is understandable that if the government is forcing you to lose your property that you receive enough compensation to help you get back on your feet and find a new home. Please do not hesitate in contacting a real estate attorney near you if you have had your property taken over by eminent domain!

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