Eminent Domain

The United States Constitution gives the Government the right to take privately owned property through the power of eminent domain. This doesn’t mean that it has the right to come along and take any property it likes, it must be for “public use” and the owner must be...

If the government or any other condemning authority wants to acquire your land, they should follow the correct procedures and pay you just compensation. Unfortunately, eminent domain has been associated with unfair practices. Thus, you should be careful when your land...

People often associate the use of eminent domain with the federal government's need for it or possibly with a state, regional or local project. For example, this month the Tennessee Valley Authority (TVA) announced plans for a gas facility at its power plant in...

For many people, their biggest goal is owning a home and having the freedom to do whatever they want with it. However, this dream could quickly shatter if the government decides to step in to claim it for itself. While this may seem unlikely, this is the reality for...

Under the doctrine of eminent domain, there are circumstances where the government can take your property without your consent. Thankfully, it’s not as easy as simply turning up and taking it. There is a legal process that needs to be followed and it needs to prove...

The government sometimes needs to take over private property for public use. Fortunately, they can’t just claim a person’s land and take it. Instead, they must go through a process that includes proving that the land needs to be used by the public. They must also pay...

If you have received notice that the government is seizing your property for public use, you may wonder what rights you have. While this can be a shock to some, there are a few things you can do to stop it. Even though this is the case, you are entitled to “just...

In general, an easement is a legal right that allows one party to enter or use property belonging to another party, subject to whatever terms may apply. Not all easements are built alike, however. Since the two most commonly encountered are easements in gross and...

The concept of eminent domain is one that many people don’t know much about unless they’re served documents about it. Eminent domain is what the government can use to claim personal property for public use. The catch to this is that the property owner has to receive...

Eminent domain is a power that the government has to take private property for public use.  For instance, maybe you have a family business that has been on the same small street since your father opened that business twenty years before you were born. You have no...