Eminent Domain

July 5, 2020

How the Government Takes Property

As the population of a community grows, it is only natural that utilities and other government services must expand to meet the increase in demand. If possible, most municipalities try to use the land and other resources that they already own to meet the needs of the community. However, it ...

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Posted in Eminent Domain
July 5, 2020

What is a Taking

The concept of "taking" as it relates to eminent domain actions is not always as simple as the transfer of property ownership from a private party to a government agency. In fact, sometimes no tangible property is even exchanged. What really happens is that the proposed actions of the government ...

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Posted in Eminent Domain
July 5, 2020

The Taking of Property for Public Use

The taking of property for public use sounds like something out of a novel or a Hollywood movie, but it is a genuine concept that is built in to the United States Constitution. Accordingly, it is important for any private citizen or business owner to be aware of the government ...

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Posted in Eminent Domain
July 3, 2020

Eminent Domain For Public Use

Ostensibly, the government is not empowered to seize property for just any purpose. The eminent domain public use requirement is meant to ensure that any land, real estate or other property that the government takes will be used for the benefit of the community. However, many courts, including the U ...

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Posted in Eminent Domain
July 3, 2020

Eminent Domain Property to be Taken

The mere existence of eminent domain laws is enough to make most people wary. The knowledge that a federal, state or local government entity could swoop in and "take" private property is certainly unsettling. While most people are aware that the land on which a private home or a business ...

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Posted in Eminent Domain
July 3, 2020

Eminent Domain Justification

Although federal, state and local governments are empowered to take private property under the concept of eminent domain, they may not do so without restrictions and limitations. For instance, property owners must be given just compensation for the loss of a portion or all of their property. Additionally, the taking ...

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Posted in Eminent Domain
July 3, 2020

Understanding Eminent Domain

The term "eminent domain" refers to the right of the government to seize private property, generally real estate, and repurpose the property for the public good. For instance, if the government needs to build a new highway interchange or a bridge, then they may lawfully take the private property of ...

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Posted in Eminent Domain
July 3, 2020

Challenging Eminent Domain

When a citizen receives a notification informing them that the government is planning to take their property with an eminent domain action, it is common for people to assume that they have no recourse. The reality is that challenging eminent domain is possible, particularly with the help of real estate ...

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Posted in Eminent Domain
July 3, 2020

Government Seizure of Property

In an ordinary eminent domain action, the government is required to provide the owner of the private property with "just compensation" for their loss and any damages that they incur. However, there are a limited number of circumstances in which the obligation to pay citizens for property is waived. If ...

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Posted in Eminent Domain