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One of the key tenets of eminent domain is that, while the government can take private property from a landowner, it cannot do so for free. The government is required to pay just compensation for that land. Typically, this means determining the property’s current...
The government can take your property even when you don't want to sell. This power is referred to as eminent domain. However, a few conditions must be observed for the government to apply this power. One of them is that eminent domain must be for "public use." So,...
If you are involved in the construction industry, you understand that projects have many moving parts and complex details that require careful planning and execution. Scope creep, or the gradual adjustment of a project's scope without corresponding adjustments to...
Typically, state laws begin in the legislature. If they’re passed, they then go to the governor for signature. Tennessee Gov. Bill Lee, however, felt so strongly that developers should be able to choose the building, environmental and safety inspectors on their...
If you are reading this, you likely know that eminent domain is a powerful tool that allows the government to take private property for public use, provided the property owner receives just compensation. In Tennessee, the power of eminent domain is often used to...
Dealing with a customer or another business that has breached one or more terms of their contract takes time and money – even if you recover damages and legal fees. That’s why it’s wise to be able to recognize an “anticipatory breach.” An anticipatory breach of...
When a home is being affected by eminent domain, it can be a confusing and emotional time for the whole family. Eminent domain and condemnation processes allow the government to take private property for public use, like building a new road, school or utility...
When the government exercises eminent domain, property owners are entitled to receive compensation for the property that’s ultimately taken. This “condemnation compensation” is usually based on the property’s fair market value. While dealing with the loss of one’s...
Eminent domain is often used for developmental purposes. Maybe the government wants to expand a highway system or construct a military facility. There is no way to do it without acquiring private property. If those property owners do not want to sell, eminent domain...
By using eminent domain, the government can take real estate that is owned by a business or a private individual. They can do this when taking that real estate is necessary and has a benefit to the public. For example, the government may be building an airport or an...