You've probably heard of eminent domain, but you might not know exactly what it is. Eminent domain is the process by which the government can take private property for public use. It can be a huge issue if you're trying to keep your home, business, or farm. Thankfully, there are ways to fight eminent domain. Here's what you need to know about eminent domain and how you can fight it.
What is eminent domain?
Eminent domain is the power of the government to take private property for public use. It is often used for new roads, schools, or other public projects. The government can only do this if they offer you just compensation for your property, which is supposed to be the fair market value of your property.
How is that eminent domain legal?
While most people know that the Constitution's Fifth Amendment protects people from having to testify against themselves, they are often unaware that it also includes the Just Compensation clause, which discusses eminent domain.
Specifically, the Fifth Amendment to the Constitution protects you from having your property taken without just compensation. This is known as due process. In other words, the government must follow due process and pay you fair market value to take your property through eminent domain.
Does the government have the final say?
No, you do not have to accept the offer made by the government. Instead, you can try to negotiate a higher price for your property, or you can file a lawsuit.
How can you fight eminent domain?
Filing a lawsuit to fight eminent domain is a complicated process. You should talk to a condemnation lawyer before making any decisions.
How can a condemnation lawyer help?
There are a few different ways a condemnation lawyer from an eminent domain law firm can help. The most common is filing an inverse condemnation lawsuit stating that the government is trying to take your property without giving you fair market value. The lawyer could also:
- File a lawsuit to stop the taking of your property
- Negotiate with the government on your behalf
- Appeal the government's offer
- Get you just compensation for your property
It is important to note that a condemnation lawyer rarely prevents the government from taking the land but instead ensures that you get the most compensation for your property.
The best way to fight eminent domain is to hire a condemnation lawyer to guide you through the legal process.