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...
Eminent Domain
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...
Disputes over value in eminent domain in Tennessee
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...
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...
