When it comes to your property rights, the government has more power over you than you may realize. In fact, through eminent domain, they can seize your property in exchange for reasonable compensation, based on fair market value, so long as the seizure is for public use.
But can you defend against this taking? Maybe, but the truth is that oftentimes there is little you can do to fight the taking itself. However, here’s how you might be able to prevent a taking and ensure that you receive fair compensation in the event that the taking does occur:
- Argue that the taking is not for public use: In some instances, the government’s taking of your property isn’t just for the public good. If you can show that there’s a private interest involved, then you might be able to beat an eminent domain claim. The same might be true if the government tries to take more property than it needs.
- Argue that the compensation is unjust: The government is going to try to get what it wants for the least amount of money as possible. Therefore, it will probably undervalue your property. Make sure that you’re getting a fair assessment by consulting with an expert and making a strong argument in court.
- Argue that more land was taken than the government claims: Sometimes the taking of some property ruins the use of other parts of the property, thereby essentially taking that other portion of the property. Here, make sure that you’re arguing for compensation for all of the land that has been truly taken from you.
Seek help with your eminent domain case
Eminent domain cases can be extremely challenging, and there’s oftentimes a lot on the line. That’s why you can’t leave your case to chance. Instead, make sure that you’re educated on this area of the law so that you can make the strong arguments needed to protect your interests.