The Smart Way to Approach Eminent Domain

If you are a landowner than you are familiar with the term, “eminent domain”. This phrase is an ever-present fear of landowners as it represents the forced sale of their property. This seems out of place in a country that avows itself as free, but the fact remains that in certain circumstances the government can seize private property. Government seizure of property is a rare occurrence, but it does happen. This is why it is important for any homeowner to understand their specific rights in such a circumstance.

What Is Eminent Domain

Most people know the general description of eminent domain. It is the lawful seizure of a person’s property. Public and private property are eligible for it, and there is no real defense against it. Although this is an accurate description there is more to it. Usually the government exercises this right when a property serves what they call, “the greater good”. This clause is enacted by the fifth amendment can comes into play if property is needed to build bridges, alleviate traffic, establish emergency routes, build schools, or construct retail offices like malls to provide jobs. Basically, any undertaking that is seen as benefiting the surrounding community as a whole. The remaining question is what benefit is brought to the previous owners. This is the other overlooked aspect of the process, the fact that owners are offered compensation.

Compensation

Now there are the few cases where compulsory acquisition by the government is not valid. These instances are few and far between. Most times landowners have the urge to fight when they are notified of future government seizure. The only problem is that most times it is a futile gesture. It if the reason is valid there is no recourse that will inhibit the government from forcing a sale. However, this does mean that the land will be sold. This is where compensation comes in. Most court cases revolving around compulsory acquisition are actually over the compensation offered.

In order for the government to exercise their valid right to acquire your property, they have to provide just compensation. This means that the U.S. has to buy your property and provide you money for it. Not surprisingly, most cases end up in dispute because the government does not offer proper compensation. This is to say that most landowners do not agree with the initial value given their homes. The good thing is that homeowners are entitled to their own appraisals. So if you go through this process make sure you have an outside company appraise your property. Do not give in until the U.S. compensates you fully for what you believe is the value of your home. This is your right and it should be exercised.

The Process

The process is not instant. It takes a while before the actual seizure takes place as a very involved process must occur first. The first step involves the government deciding that a particular piece of land is need for the greater good. Then they contact the owner to negotiate sale. The owner can agree right off, but most of the time that does not happen. If you go through this it is important to find proper representation. Going about it alone is never advisable. Good representation can net you good value for your property and take care of you through compensation.