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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...
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...
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...
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 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...
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...
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...