What is Eminent Domain?
Eminent domain is the government’s legal authority to take private property for public use, provided the property owner receives just compensation. This power may be exercised by local, state, or federal entities for projects such as highways, schools, utilities, or other public infrastructure.
Courts have interpreted “public use” broadly over time. In some cases, it may extend beyond traditional public works to include projects intended to provide economic or community benefits. As a result, what qualifies as public use can evolve based on legal precedent.
Eminent domain is rooted in the Takings Clause of the Fifth Amendment to the United States Constitution, which states that private property cannot be taken for public use without just compensation. This clause both grants and limits the government’s authority.
If you’re facing a potential taking, our real estate attorneys serving Bucks, Delaware, Montgomery, and Philadelphia Counties can help you evaluate whether the action meets legal requirements and ensure you receive fair compensation.
What Constitutes Just Compensation?
Generally, just compensation refers to the amount the landowner might expect to receive at fair market value. However, many factors determine the land's value, including its size and any resources it may have.
Typically, the homeowner requires compensation for their loss. Moreover, the government must first follow several different procedures before taking property. Of critical importance, the government can exercise its power of eminent domain even if the owner does not wish to sell their property. You can work with an eminent domain lawyer to challenge the government's right to take your property. Most challenges relate to the government's failure to follow proper procedures. Unfortunately, most challenges only delay the outcome and fail to prevent the taking of the property. Generally, compensation becomes the principal remedy.
How Does the Eminent Domain Process Work?
Suppose the government plans a public works project and requires the nearby private property to complete the project. Next, the government initiates the legal process of eminent domain, also known as condemnation.
The process of condemnation varies by state, but the basic steps remain consistent. To better understand the process, talk to an eminent domain lawyer near you.
First, the government attempts to buy the land from the owner. If the owner agrees to the purchase price, the government issues payment for the land deed. However, if the owner and government disagree on the sale price, the parties go to court to determine the fair market value. Each party's property appraisal determines that value.
Finally, the government files a court action and posts a public notice of hearing if the owner refuses to sell the property. The government must prove that it attempted to negotiate a sales agreement during that hearing. Moreover, it must prove that the taking is for public use. The landowner can object and present evidence to the contrary.
How Can Our Eminent Domain Lawyers Help?
Our eminent domain lawyers and real estate attorneys in Norristown and Doylestown, PA, have represented landowners and condemning authorities in eminent domain actions throughout southeastern Pennsylvania. They are well-versed in all aspects of the eminent domain legal process and have handled proceedings of various types, including roadway development and expansion, open space, and utility and access easements.
At times, taking property can benefit the public at large. However, as a homeowner, it can be trying to know that the government can seize your property. Remember, however, that eminent domain requires compensation.
If your property is subject to an action involving eminent domain law, talk to one of our eminent domain lawyers in our Bucks, Delaware, and Montgomery County law offices. We also support clients in greater Philadelphia. Our lawyers and attorneys can assist you with a range of real estate matters, including construction law, real estate litigation, zoning, and land development.
