What property owners should know about eminent domain

On Behalf of | Dec 17, 2020 | Eminent Domain |

Many Ohio residents make it a goal to own their own property at some point in their lifetime. It can take years of saving and planning to have enough money for a down payment, but once they have secured a mortgage and taken the plunge, they may feel secure in their investment. For most people, selling their property is the most common way to be divested of it.

Eminent domain, however, is another way that a person may be forced to part with their property. This post will outline the basis of eminent domain in American law and what can happen when the property of a private party is taken by the government. This post offers no legal advice and those with eminent domain questions should reach out to Ohio-based real property attorneys.

Legal grounds of eminent domain

Eminent domain is the process of the government taking private property for public use. It is grounded in the 5th Amendment to the United States Constitution. Through the amendments, eminent domain reaches state and local governments as well.

A government cannot take private property or land without providing the owner with just compensation. Defining and establishing just compensation for a parcel can be complex. Many property owners fear that they will lose money when their property is taken through eminent domain.

Addressing an eminent domain claim

Receiving notice of a pending eminent domain proceeding against one’s property can be overwhelming. Without knowledge on the process, a property owner may not understand their rights and options. The support and guidance of a real property attorney with eminent domain litigation knowledge can be useful for those who are facing eminent domain proceedings and worried about the future.