Can property owners challenge eminent domain?

| Jul 19, 2021 | Eminent Domain |

Eminent domain is the process of the government’s taking of private land for a public use in exchange for just compensation. In other words, it the seizing of property owner’s home or other property for a societal benefit. However, the condemnation of private property can be controversial at times, as many property owners are resistant to relocation or ceding their property to the government.

If the government decide to exercise its right of eminent domain, the aggrieved property owner may challenge the taking of their property.

How can I challenge the exercise of eminent domain?

As a property owner in the Toledo area, you can work with an eminent domain attorney to challenge a governmental taking of your property. To successfully challenge to decision to condemn your property, you can establish:

  • The government agency made the decision to condemn your property, but there was no statute granting the agency the power to make such a decision.
  • There was no legitimate purpose for the condemnation (provided no significant benefit to the public).
  • The condemnation was not needed to go forward with the government’s project.
  • The government did not offer reasonable or just compensation for the taking of your property.

Property owners in Ohio may find it difficult to challenge eminent domain taking without the help of an attorney. An attorney can help come up with an effective defense strategy to stop the government from condemning your property or help negotiate a settlement on your behalf.