Americans are passionate about land ownership. In fact, many essays by the founding fathers mention property and liberty together.
In framing the United States Constitution, those same men understood that nobody wants the government to take ownership of their land. Therefore, they included the Fifth Amendment, which requires the government to reimburse the landowner the fair market value of the property.
The purpose of eminent domain
Eminent domain is the tool governments use to acquire private property for public use. However, the acquisition is guided by several key legal principles, including:
1. The property taken must be intended for public use, which historically meant projects like roads, schools and parks.
2. Property owners are entitled to “just compensation” to ensure they are not financially disadvantaged by the taking of their property.
3. There must be due process in which the property owners are given notice and an opportunity to be heard before their property is taken.
One area of contention is the term “public use.” That concept has evolved and broadened over time. In 1954, the Supreme Court said eminent domain could be used for urban renewal and community redevelopment projects to address blight. Even more recently, they ruled in 2005 that the government could transfer private property to another private entity if the project served a broader economic development purpose.
While it may be difficult to challenge an eminent domain order, it’s not impossible. Potential strategies include:
- Negotiating with the government for more compensation or seeking alternative solutions that meet both parties’ needs
- Proving the proposed project doesn’t qualify as a public use
- Demonstrating procedural errors, such as inadequate notice
- Organizing with other property owners
One of the most vital steps is discussing your issue with someone who understands the eminent domain process. They can assist with the judicial system and advocate on your behalf. They can help you choose the best strategy for protecting your interests.