November 2020


When people hear about eminent domain, they get really anxious about their property and rights. Several times, the communities have protested against the big businesses that have abused the rights under eminent domain to occupy the citizens’ lands for their industries. However, the eminent domain process is completely legal and has a set of regulations that need to be followed to respect every citizen’s rights to receive fair compensations. The government needs to prove to the court that the property is necessary for public use in order to legally process the eminent domain. They also need to provide fair compensation to the property owner in order to make the deal. Without these two factors, the government cannot force a property owner to sell their land. Here are the properties that can be taken by the government under eminent domain.

The common property types

The most common type of property that the government acquires is barren lands that are useful in creating projects such as airports, stadiums, government buildings like hospitals, etc. Getting land under eminent domain is easier for the government than buying homes. You may own land in the middle of the city that the government requires. It can be used to build a public property like a school or a new road. If the government justifies the requirement of your property for the construction of public use, they can start negotiating with you to find a fair price to buy the property from you. The next in line property types include independent houses, office buildings, and shops. The government can either use or destroy the previous buildings to create new ones.

The uncommon property types

When the government proves that they need the property for public use, they will find a way and price to purchase the property from the owner. If the owner fails to make a deal on time, they will have to present their case in court. Under the eminent domain law, the government has the power to seize almost anything they need. But there is one rule that can be used to determine whether the government can purchase a property or not. If the property has ownership components in it, it can be obtained under eminent domain. The government can, however, not take away intangible assets like a brand or an invention that you created. Your business idea or a machine invention to bake bread cannot be purchased by the government in any case.

Learn about your rights

Before it is too late, you must learn about the rights that you get under the eminent domain law. The government may have the upper hand to take your property from you, but you receive a lot of other benefits such as fair market value and additional compensations for selling your property. Take the help of an attorney and a team of consultants to make sure that you receive the best price on selling your property to the government. If you would like to read books about our rights head to Must See Reviews and they have a full book section.

When an eminent domain case hits your doorstep, know that the government requires your property for the development of public resources and the city’s development. One way or the other, the government is going to acquire your land or property legally. People do not realize when they are struck with an eminent domain case. But all they need to know is that they will have to sell their property to the government while they receive fair compensation for it. As long as the government needs your property for public use, they have the right to come for it. With the help of an eminent domain expert attorney, you can learn about eminent domain and its process. It is important to know everything about the eminent domain process to confidently determine your property’s end results. Here are the eminent domain related questions you should ask your attorney.

Is my property at risk

Is my property at risk?

Many property owners fail to realize that when they receive an eminent domain notice, it is serious, and they will have to come to an agreement sooner or later. The government only needs to prove the importance of your property in the development of public resources to legally buy the property from you. Do not take eminent domain cases easily and wait for the deadlines. Acquire enough information about your property to understand whether your property falls under the category of government’s requirements, so you can deal with the case better.

What to expect from the compensation?

When you figure out that the government really needs your property, you should not waste any time in protesting against it and figure out what you will receive in return. The government will offer compensation on the fair market price for your property. But you can always choose to negotiate the offer considering the aspects that the government skipped. The government will not leave your property, so you have the advantage of putting forward a better offer. Hire your own appraiser to find a better deal for your home.

Is there a way to keep the property?

The higher chances are that the government will buy the property from you in one way or the other. However, if you can prove in the court that your property is not essential for the government to work on its project, you can see a window right there. If you can prove that your land is not truly needed for public use, you can reject the offer and keep your property. Another way you can stand against the government is by rejecting their offer as it is not fair. But in this method, you will only be able to postpone the eminent domain process for later as the government will come with another offer if it is serious about purchasing your property. These are the only two ways of escaping the eminent domain notice. If you have further questions you can ask long island kitchen remodel as they also deal with eminent domain issues.