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Find Eminent Domain Lawyer

Find Eminent Domain Lawyer

Eminent Domain

When people purchase land, it is generally considered to be independent of other people’s control with the exception of local ordinances. However, there are some circumstances in which private property can be taken for public use. This act of taking by a government entity is known as eminent domain.

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S.B. Nickse Law Offices, LLC

Google rating
5
10 years in practice
Business Arbitration, Business Law, Neighbor Disputes
View Profile

Klinedinst Attorneys PC

Google rating
3.7
40 years in practice
Criminal Defense, Employment Law, Intellectual Property, Premises Liability, Real Estate Law
View Profile

Public Taking of Private Property

Eminent domain is a process that is utilized for a number of reasons but it does have limitations. First, there must be a legitimate public interest to the taking of private property. Second, there must be proper compensation, usually the fair market value of the property, to the owner of the taken property. Third, the land must not be exempt under state or local laws in order to be claimed by eminent domain.

Reasons to Take Private Land

Local, state, and federal governments can take land for a number of reasons. One common reason that eminent domain claims are made is to claim a building in order to condemn it. This claim is made in the name of public safety, arguing that the building is so dangerous that it poses a public safety risk. Another reason land may be claimed is for infrastructure projects. Historically, land has been taken to facilitate the construction of roads and highways.

Eminent Domain Exceptions

There are some exceptions to the type of private land that can be taken under eminent domain. In general, land cannot be taken that is being used as a cemetery, orchard, garden, or factory. The exact limit of exemptions to eminent domain claims varies from state to state.

Helping You Command The Market

If you are looking to challenge an eminent domain claim, you will need the help of an experienced real estate law attorney. A real estate attorney is able to focus completely on your case and get you the best possible outcome.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice real estate law.

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Eminent Domain Frequently Asked Questions

1. What is eminent domain?

Eminent domain refers to the ability of the U.S. government to take private property for public use. Eminent domain can refer to taking actual property, or it can refer to restricting the use of land through regulation to the point that it might as well have been taken.

2. What property is exempt from eminent domain?

In general there are three types of property that are exempt from eminent domain claims: cemeteries, gardens or orchards, and factories. While these properties cannot be seized, property owners cannot convert a property to an exempt property type to avoid an eminent domain claim.

3. Can I fight eminent domain?

It is possible to contest an eminent domain claim. For example, local governments that use eminent domain to seize and condemn unsafe buildings can be contested if the landowner is undergoing repairs or renovations. To explore options of contesting imminent domain claims, a real estate attorney should be consulted.

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