Featured News 2013 Eminent Domain: When the Government Takes Property

Eminent Domain: When the Government Takes Property

The government has the right to take any property necessary for public or private use when it is necessary to do so. This is called eminent domain. This power is limited by the Constitution, as well as by respective state constitutions. Typically, when the government does take private property to use for another purpose, it must compensate the owner fairly for the deprivation of property. Ideally, a property owner will agree with the government over the amount offered and will willingly yield his or her land to the government in order to receive the generous compensation.

Yet there are many times that a property owner will balk when it comes to relinquishing property, or won't agree that the compensation is just and will petition for more. Eminent domain is a principle that is established in the Fifth Amendment of the Constitution. It declares that private property will not be taken for public use without just constitution. In the past, the laws requiring just compensation were put in place to discourage the government from trying to seize private land at all. Now, the government commonly has to take control of property in order to accommodate the ever-expanding nation.

Eminent domain operates under the "takings" clause of the Fifth Amendment. There are several key components in these laws that need to be considered whenever an eminent domain situation takes place. First of all, it is important to note that eminent domain only applies to private property. If the government decides to alter a piece of public land, they have no requirement to pay the individuals who used the public land previously. It is also important to note that the eminent domain arrangements require that land be taken for public use.

This means that government officials are not allowed to take private land for their own private purposes. For example, a member of the Senate cannot seize another person's home for him and his family to live int. This would be illegal, because the land is still being used for private purposes. Sometimes, courts have upheld takings that resulted in a private party possessing the land. For example, if the government chooses to create a new neighborhood and purchase all land in an old and dilapidated one, the property will ultimately be used for private use once again.

One essential component of the eminent domain is the key demand for just compensation. The government normally determines what is a "fair compensation" by evaluating the market value of the land and the price for which the landowner could reasonable expect to sell the land to another buyer. The worth of the land will depend on the size of the property, the buildings, the crops or timber on the land, and more. The court may determine the value of property using several methods and then present the landowner with an offer.

If you are a landowner who had your land seized by the government but the authorities failed to compensate you, then you can file an inverse condemnation proceeding seeking financial compensation. This situation arises for a variety of reasons. If the government engages in conduct that destroys your ability to use and enjoy the property or if your access to the property is obstructed with water or debris then you may be able to seek compensation.

Then you may have the ability to argue for inverse condemnation. Whenever you are dealing with an eminent domain situation, it is best to have a real estate attorney on your side to assist you in your case. Don't hesitate to hire a lawyer right away if you want ot learn more about eminent domain and your rights in these situations!

Related News:

When Banks Become Landlords: a Renter’s Rights in Foreclosure

Homeowners are not the only ones being hit with foreclosures. When a rented property goes into foreclosure, tenants may not find out about it until they receive an eviction notice from the bank, ...
Read More »

HOA Liens and Foreclosures

When someone falls severely behind in their homeowners' association fees or assessments, then the association can place a lien on that person's property. This lien could result in a judicial ...
Read More »

Adding to Your Home: Things You Need to Know

If you are satisfied with the neighborhood and location of your home, but want more space, remodeling may be the choice for you. There are many reasons to add-on to a home. Sometimes, an expanding ...
Read More »