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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...
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...
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...
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...
As a property owner, a compulsory purchase order under eminent domain laws could destroy your dreams for the future and your memories of the past. Whether your property is your home, farm, or business, losing it will be devastating. Rather than assuming that a...
Ford Motor Company wants to invest $5.6 billion into a West Tennessee factory that will build electric vehicles and the batteries that run them. Now Tennessee lawmakers have approved a $884 million package deal that should clear the way. But controversy abounds, and...
If you’re facing the loss of your property through eminent domain, you may feel that it is very unfair. Hasn’t the United States always been a country that valued personal property? Isn’t that one of the founding principles? Does that mean that eminent domain is just...
It is common knowledge that the government can acquire your private property for its use. However, the Fifth Amendment says that the government must provide just compensation for the property acquired, but that may not be enough. Ideally, you want your financial...
Most Americans assume that once they buy property, it's theirs forever as long as they continue to pay property taxes on it. That's not necessarily the case. The Fifth Amendment of the U.S. Constitution contains a "Takings Clause" that allows the government to seize...
Being a property owner in Tennessee can be a source of pride and prestige. When faced with losing a property to eminent domain, it can feel like one is under attack. Some properties contain homes, businesses or contain generations of memories. When losing a property,...