Eminent Domain

Learning that a project for public benefit could affect property ownership is a frightening experience. People who have spent years improving and paying off their homes and other real estate holdings could lose them in a forced sale. Property owners facing eminent...

One of the stipulations regarding eminent domain is that the government has to pay fair market value to the property owner. That owner may not have wanted to sell, so in this sense, the government is “taking” the land. But they don’t take it for free. They determine...

Property owners whose properties are condemned by a local government or state agency have rights. Besides the commonly known right to just compensation, property owners also have a right of first refusal. So what does this right mean, and does it apply to every...

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...

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,...

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...

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 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...

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...

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...