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...
Eminent Domain
How to tell an eminent domain compensation is unfair
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...
State and local projects will likely displace those in the way
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...
4 types of takings under eminent domain
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...
4 justifications the government can use to take your land
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...
When does eminent domain apply?
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...
Your rights to just compensation under eminent domain laws
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...
Easement appurtenant vs. easement in gross
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...
What can the government take through eminent domain?
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...
How fast does eminent domain happen?
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...