When the state or local authority moves to seize your property through eminent domain, you don’t have to stand by and watch it happen. Tennessee law gives property owners the right to challenge the taking or the compensation offered. Most property owners think they...
Eminent Domain
How long is the eminent domain process?
When facing eminent domain proceedings for the first time, property owners often have numerous questions about how the process is going to work. One of the most common is simply how long it will take before everything is resolved. There is no one-size-fits-all answer....
Eminent domain: Relocation benefits and just compensation
Learning that the government wants to take your private property is disheartening, but it’s not something that you have to simply accept. Instead, you can review what they’re proposing in their offer and determine your steps. If you’re presented with this, you should...
The role of severance damages in an eminent domain case
State agencies and businesses managing public projects may invoke eminent domain. The authority given under this law allows for the forced sale of real property, possibly through condemnation proceedings, during projects intended for public benefit. When people who...
How to protect your property rights in an eminent domain action
Whether you own a small home, a commercial property or a large tract of land, the idea that the government could take your property for public use can be unsettling. While the law allows property acquisition for projects deemed to serve public interests, such as...
When an offer in an eminent domain scenario is too low
Eminent domain laws allow for the involuntary acquisition of real property. When there are projects underway intended for public benefit, property owners may have no choice but to sell. Typically, the eminent domain process begins with an offer to negotiate a...
Public projects may lead to inverse condemnation lawsuits
When there is a major public project nearby, homeowners often become quite anxious. They worry about the possibility of eminent domain claims and property condemnation. Local authorities can effectively force real property owners to sell their holdings in eminent...
Eminent domain was not a new power. Just compensation was.
Eminent domain is the power that the government has to take private property from a property owner. This generally has to be done in a way that will benefit the public. For example, if the government is building a governmental facility, a military installation or an...
What’s the difference between eminent domain and condemnation?
If the government has its eye on your property, you may hear the terms “eminent domain” and “condemnation” thrown around. While they’re sometimes used interchangeably, they have very different definitions. Understanding what they both mean can help you determine what...
How is land chosen for public use under eminent domain?
Although eminent domain is controversial, it plays a critical role in developing infrastructure and services that communities rely on daily. Many public amenities are made possible because the government can acquire land that would otherwise remain unavailable for...
