Eminent Domain Law

The government can condemn your property, forcing the sale of private property for public gain, through its power of "eminent domain."  An individual’s rights are subordinate to the government's rights.  A Supreme Court ruling went even further in June, 2005 saying that local governments may force property owners to sell to make way for private economic development when officials believe it would benefit the public, even if the condemned property is not blighted.  

Opponents to the June, 2005 Supreme Court ruling argue that forcibly transferring land from one private owner to another, even with fair compensation, violates the Fifth Amendment to the Constitution.  This ruling set off a wave of state laws aimed at limiting government's right of eminent domain

If your property is condemned under eminent domain, then you are entitled to be paid "just compensation," which is defined as "fair market value."  Fair market value is the amount a willing buyer would pay a willing seller for the property if it were not about to be condemned.  Chances are, however, that what the government offers you isn't going to be an amount you will consider fair market value.  If not, you can challenge the amount in court and bring in real estate appraisers to testify about what similar properties in your neighborhood are worth.  If you plan to do this, you will need an experienced real estate attorney on your side.                                                 

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