Can I stop the government from taking my property?
It is important to understand your rights in an eminent domain action to take your property. Under eminent domain laws, the government or its agents have the authority to take property for a legitimate public use provided just compensation is paid to the landowner.
Public use is a legal requirement under the takings clause (“nor shall private property be taken for public use without just compensation”) of the Fifth Amendment of the U.S. Constitution. Public use requires that private property only be taken for a use that benefits the interest of the public.
This means property can be acquired for such purposes as to:
- Expand a highway or airport
- Build a school
- Construct a community park
- Create a new pipeline route
- Provide enhanced utilities
In order to take your property using the power of eminent domain, the condemning authority must show that your property is necessary for public use.
In some cases, the condemnation of private property can be stopped if the landowner proves that the proposed taking does not meet the legal requirements for public necessity or that the condemning authority has not met its procedural requirements.
The primary goal of the condemning authority is to complete the planned project for the benefit of the greater public, not to look out for your individual best interests. You require your own legal advocate to guide you through the eminent domain process. A knowledgeable and skilled eminent domain attorney can assist you in challenging the government’s authority to acquire your property.
Note: The Content Of This Website Is For General Purposes Only. These Informational Materials Are Not Intended, And Must Not Be Taken, As Legal Advice On Any Particular Set Of Facts Or Circumstances. Please Consult A Condemnation Lawyer At Krause And Kinsman For Advice About Your Individual Situation. Feel Free To Get In Touch With Us Via Phone, Email, Or Live Chat.