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, what does public use mean in this context?
Economic development projects that benefit the public
The government may take private property for economic development projects that benefit the public. These include the construction of roads, bridges and other infrastructure projects.
Typically, the government will provide an offer to a property owner whose land is intended to be used for a project. If the owner rejects the offer, the government will file a Petition for Condemnation in the county in which the property is located. The owner will receive a notice of the petition.
In the petition, the government will demonstrate how the intended project is necessary and for a legitimate public purpose. If the court determines the project meets the public use requirement, it will issue an order of condemnation.
Are there exceptions for private economic development?
For years, public use in eminent domain primarily meant projects that directly benefited the community – without benefiting anyone privately. However, this changed in 2005 in the Connecticut case, Kelo v. New London, which is a legal precedent that allows projects to be considered for public use even if they are not directly beneficial to the public.
In this case, private property was condemned and sold to private developers to make an attractive area for commercial and recreational activities, creating employment opportunities for the community. And this example has since been applied in many states, including Tennessee.
If you have received an offer from the government or a notice of the filing of the condemnation petition, it’s crucial to obtain more information about your rights to make informed decisions.