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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...
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,...
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...
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....
Eminent domain allows the government to claim a person’s property and pay them a fair price for it if the property is needed for public use. This means that the government can’t just take property for any reason it chooses. While some may assume that public use means...
It's one of those things that doesn't seem right. You have your property, which may have been in your family for years, and now the government is saying they will take some of it. But they'll be sure to compensate you. Thomas Jefferson stated that "A right to property...
One of the most confusing terms associated with eminent domain actions by governmental agencies is condemnation. If you are like most people, you likely associate condemnation of properties as the legal process to destroy an unsafe, derelict property. But when...
Having the government take your property is enough to make anyone angry. After all, it’s land that you paid for. Or, in many cases, it has been handed down through decades, passing from one generation to the next. Unfortunately, it can, and it does happen. However,...
You’ve just learned that the government plans to put up a new waterline through your property. You are understandably concerned about this. So, what do you do? Do you have any rights? And what mistakes should you avoid? Both state and federal laws recognize and...