Can I avoid eminent domain by proving historical value?

On Behalf of | Sep 26, 2024 | Eminent Domain |

Having a home is a wonderful experience, primarily when you have worked hard to restore it. You have had the house in your family for a long time, but it is only now that you can fix it enough to live in it. Imagine your surprise when you see a notice that the government needs the land you are living on.

How can I prove that my property has historical value?

If you have only heard stories about how your land is vital as a historical landmark from your grandparents, then you have a lot of work to do. Proving that your property is historically valuable involves several steps. There are:

  1. Check public records: Visit your local municipality’s planning and development website. There, you can view its GIS mapping systems, which include zoning districts and historical designations.
  2. Consult historical societies: Contact local historical societies or preservation groups to find out whether your property is of historical importance.
  3. Review property deeds and titles: Check the deed or title for any historical notations or previous owners who may be people of historical significance
  4. Use online tools: Websites like the National Register of Historic Places or local heritage databases offer information on properties’ historical status.
  5. Hire a professional historian: These professionals investigate thoroughly and provide a detailed report.
  6. Pinpoint architectural features: If you refurbish the property while maintaining its original look, you can indicate its historical value.

The government cannot take the stories that your grandparents told you as enough evidence to halt their request for eminent domain. However, they cannot ignore any documented proof or evidence of its historical value when it is present and acknowledged.

Who can help me protect my home?

Many people consider historic landmarks valuable, and when you make your inquiries, you can expect them to be curious. However, in dealing with eminent domains, you need advice from people knowledgeable about the legal side. Work with them to secure and protect your home.

FindLaw Network