Eminent Domain
“Everyone should feel comfortable they are going to remain in their homes until their dying days."
Eminent domain is the right of governments like the United States to usurp private property for public use, following fair compensation. Everything from airspace, land, and contract rights to intellectual property is subject to eminent domain if a case can be made for its public use.
You have Rights
While you are unable to refuse the condemnation of your land you have the right to legally challenge the taking. Stopping the condemnation process requires proving the proposed entity does not have the authority to exercise eminent domain or the taking does not meet the requirements for public use or necessity.
What is Eminent Domain?
Eminent domain is the power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
What is Eminent Domain Abuse?
The condemnation of your properties for the erection of a business and technology park whose owners are private parties does not serve the public good and are therefore an abuse of the eminent domain authority.
You Can Protect Your Land from Being Taken
We all have Constitutionally protected rights that must be protected. Here are the conditions where eminent domain is allowed to occur:
- Only a government entity, or a private entity acting under government authority, has the right to exercise eminent domain.
- The land acquisition must be for public use.
- The landowner must receive just compensation for their land.
Speak with an Eminent Domain Attorney
Speak with an eminent domain attorney right away. You have the right to be compensated justly for your land. Eminent domain abuse is very real.