Understanding the properties that can be taken by eminent domain

On Behalf of | Jul 24, 2020 | Eminent Domain |

When property is purchased, the belief is that it will be the owner’s until they decide to sell it. A problem that could arise is the government deciding that the property could be better used in a different manner. The government can seize land or property through the practice of eminent domain.

The government receives the power of eminent domain through the Fifth Amendment. There are legal ways to push back against this practice. First, it is a good idea to know the kinds of properties that are more likely to be targets. Properties that are deemed a public health risk are a target. More commonly they are labeled for condemnation, but nonetheless, in order for a government agency to take the property with force, it lands under the category of eminent domain.

In some cases, landowners will voluntarily give in to eminent domain through what is known as a dedication of land. This is common when a private landowner’s land includes a piece of historical property. Instead of becoming a target, the landowner can declare the historical parcel as a dedication for government and public use. Then, there are properties that are exempt such as cemeteries, gardens and factories as well as orchards.

Ending up in any kind of legal battle with the government is not on most people’s wish list. If it happens, though, there are steps that a landowner in this particular situation can take. It begins with hiring legal help that is well-versed in real estate and eminent domain proceedings. An individual who finds themselves going up against the government is going to deal with a team of bureaucrats who have already completed stacks of research. Plus, their resources tend to seem endless because often the end game is worth the price of the costs.

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