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.
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