It's not uncommon for a property owner to disagree with the government over the value of property when the latter wants to exercise eminent domain. The government (the condemnor) is required to provide a property owner with just compensation to take their property for...
Eminent Domain
What is justification of necessity for eminent domain?
Eminent domain is the legal ability of the government to take private property to use for the public, but it must provide the property owner with fair compensation. There are several requirements that must be met in order for this to happen. One requirement is that...
What to know about Tennessee’s Property Rights Protection Act
Eminent domain has long been a worry for many who own real estate. While the majority of landowners will never be affected by it, it only takes one eminent domain order to seize your land and upset your world. Unfortunately, Tennessee has some of the weakest...
3 possible responses to an eminent domain scenario
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...
Eminent domain issues when real estate prices are rising
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...
What is the right of first refusal in eminent domain?
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...
Sentimental value is not considered with eminent domain
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...
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...
