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 interstate highway system, and they need to take private property to continue the project. Eminent domain can be used to seize that property, a process known as condemnation.
There are many different reasons for disputes about this process, but two of them tend to come up most often. It’s important to know what these are and what options you have if you’re in this position.
The right to take the property
First of all, landowners will sometimes contest the government’s right to take that property at all. Does the project actually serve the public good? Is that real estate actually necessary for the completion of the project? Does the government entity that is seizing the property actually have the authority to do so? It’s important to sort through the specifics and ensure that everything is being done in accordance with the law.
The value of the property
Once it has been established that the government does have a right to use eminent domain powers, disputes sometimes center around the fair market value of that property. The government may offer someone $500,000 when they believe that their property is worth $1 million on the open market, for example. If the real estate is being taken against the property owner’s will, they at least want to ensure that they get the money they deserve.
If you find yourself involved in a dispute, take the time to carefully look into all of your legal options.