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...
Eminent Domain
What constitutes public use in eminent domain?
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,...
Understanding eminent domain for blighted properties in Tennessee
If you are reading this, you likely know that eminent domain is a powerful tool that allows the government to take private property for public use, provided the property owner receives just compensation. In Tennessee, the power of eminent domain is often used to...
Explaining your home’s condemnation to your kids
When a home is being affected by eminent domain, it can be a confusing and emotional time for the whole family. Eminent domain and condemnation processes allow the government to take private property for public use, like building a new road, school or utility...
Eminent domain may be used for preservation efforts
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...
The 2 most common eminent domain disputes
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...
Your rights when dealing with cases of eminent domain
Eminent domain is a legal concept that allows the government to take private property for public use. In Tennessee, as in other states, this power is balanced by requiring the government to provide "just compensation" to the property owner. Understanding the details...
Do rising property values impact eminent domain?
Eminent domain is the process by which the government can take private property for public use. For instance, the government may be building a railroad, an interstate, a hospital or a military base. If it is determined that the project is good for the public overall,...
What is eminent domain used for?
The controversy around eminent domain laws usually just involves the power that the government has. Private property ownership is a fundamental right in the United States. But eminent domain means that there are situations in which the government can take this private...
Why do people oppose eminent domain?
Many property owners are opposed to eminent domain. They may have no desire to sell their land to the government. It will even say that they don’t believe eminent domain laws are fair, although the use of this power is legal when wielded correctly by the government....