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.