What is Eminent Domain?

Eminent Domain is the power the government has to take private land from the person that owns the land for public use. The power is limited by state constitutions and the US Constitution. When the government uses this power, it must compensate the owner with fair market value of the property.

In most cases, the government offers a fair market value and the owner provides public leeway to the land. On the other hand, the government and landowner may not see things in the same way. Consulting with an eviction attorney is highly advisable.

The process begins by a government agency determining that is needs a specific privately owned land to create a public area such as in the construction of a new highway or interstate. The government will offer the landowner a price they believe the land is worth. The homeowner can accept or reject the offer. If the offer is rejected a condemnation proceeding is filed usually due to a disagreement of the value of the land.

The Fifth Amendment guarantees that the landowner will receive just compensation. However, this does not mean the landowner will agree. The market value of the land will be evaluated by the size of the property, the buildings on the property, crops, or timber that is on the land. The fair market value will be what the landowner could receive if he/she sold the land.

To learn more about eminent domain and your rights you will need the expertise of a real estate attorney. He/she will able to help you negotiate and receive fair market value for the land.