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Can I prevent the government from taking my property for a road?

On Behalf of | Jun 9, 2021 | Eminent Domain |

Though most people never think about it, the construction of new roads can be controversial. Much of the land needed for these roads is privately owned. The government may seek to use eminent domain to take this land from the rightful owners and use it for infrastructure projects. 

If you’re facing this type of land seizure, and you do not want to sell (the government is supposed to pay you for the land, after all), then you may be interested in what you can do to stop the process. 

Is there any way to prevent the government from doing what it wants? 

Looking into the specifics carefully

It is hard to prevent the government from taking the land through eminent domain, but the key is often to look into the specifics. This may give you some options, and these cases often go to a public hearing or end up in court

For instance, the law is written so that public use is a necessity. The governor can’t take your land to build a summer cabin. If the government is trying to seize it for something that isn’t a public project, that may be illegal. 

Beyond that, you’re also supposed to be compensated fairly for the land the government takes, but exactly what that means can grow contentious. Appraisers and other professionals, such as land surveyors, may be needed. If you feel that the government is not paying you enough money for the land, you may be able to fight it on those grounds. However, this may only help you seek greater compensation and may not block the entire seizure of the land. 

What should you do next if you’re facing a government land seizure?

It’s certainly distressing to feel like the government itself is working against you. Be sure you know what legal options you have to protect your interests. Learning more about your rights against eminent domain actions can help you decide on the best approach to the situation.