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 value and how much it would sell for if the owner were to list it on the market. For instance, if the government seeks to claim a home in a neighborhood where similar homes have recently sold for $500,000, this figure can serve as a baseline. While every property transaction is unique, the government’s goal is to provide the homeowners with the amount they would have earned in a sale, compelling them to complete the sale whether or not they wish to do so.
Why this still doesn’t feel fair
Many property owners feel that this process doesn’t seem fair or just. Often, the issue lies in the sentimental reasons they have for wanting to keep their property.
For example, consider someone living in the home where they grew up—a property they inherited from their parents. They’ve raised their own children there, formed close ties to the community and envisioned living there for the rest of their lives.
To them, the property is “worth” far more than its fair market value. However, the government does not account for emotional connections, community involvement or sentimental value. It only pays the amount someone would likely receive if they willingly listed the property for sale.
Legal options when facing eminent domain
Because of this, many property owners are reluctant to lose control of their property, even if they are compensated fairly. It’s crucial for those in this position to understand their legal options and explore every avenue available while navigating the eminent domain process.