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What private property owners should know about eminent domain

On Behalf of | Dec 6, 2022 | Real Estate |

The American dream is intrinsically intertwined with homeownership. Private residences are like modern-day castles to every hardworking citizen.

Unfortunately, no building or plot of land remains immune to eminent domain. By wielding this tool, the government may take possession whenever it deems such to be for the greater good.

Legal requirements for eminent domain actions

Every eminent domain claim must meet certain statutory conditions. These rules help assure that every property owner receives fair treatment. First, the acquisition must serve a purpose that benefits society at large. Financial compensation must also play a role in the exchange. Last, there needs to be a formal negotiation between interested parties.

Objections to eminent domain actions

The sad reality is that, in most instances, it is impossible to fight the government. Eminent domain is one area where its power is nearly absolute. There are, though, rare exceptions. Demonstrating that rights are being violated offers hope of a courtroom reversal. Showing that wrongs are being committed remains a tricky and delicate task.

Those without such proof still deserve reimbursement. The initial proposal they get is likely to be wholly inadequate. When this happens, a counteroffer is often the wisest response. Effective bargaining with Uncle Sam requires knowledge and finesse. Having the right individual shepherding the process tends to deliver more just results.

Authorities implementing eminent domain uproot the lives of everyone they come after. The unfortunate truth is that stopping their intentions is usually hopeless. That said, employing a knowledgeable strategy should end in better compensation.