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Eminent domain may be used for preservation efforts

On Behalf of | Sep 15, 2024 | Eminent Domain |

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 can be used to force them to sell.

However, it’s not always public infrastructure or government facilities that are being built. In many cases, eminent domain has been used more for preservation. For instance, the government may use it to preserve a historical site. In the past, eminent domain has been used to create new parks or develop open spaces. 

The goal is to preserve these natural environments or historic sites for future generations. There’s no guarantee that this will happen if these sites are privately owned, but eminent domain can be used so that the government can protect these important areas.

Property owners still deserve to get paid

No matter what the focus of the eminent domain action is, from infrastructure to environmental factors, property owners do still deserve to get paid for their land. The government is supposed to provide provide “just compensation”, and the property owner should get roughly the fair market value for that property.

As you can imagine, this can lead to some disputes. If you are a property owner, you may have no problem with the government using the land to preserve an environmental area, but you still want to get the right amount of compensation. After all, that real estate was an investment for you. If a dispute arises over the value of the land or what just compensation really looks like, then it may be time to start considering all of your legal options.