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How do I challenge a taking through eminent domain?

On Behalf of | May 10, 2019 | Eminent Domain |

Eminent domain refers to when the property of a private property owner is taken for public use. This is a big step to have your property taken so property owners facing an eminent domain taking of their property likely have many questions and should know how to challenge eminent domain if they think it is not fair.

When property is taken from a property owner, they have certain rights that they must know how to protect. A property owner that is having their property taken must receive fair notice of the taking and have time to obtain legal advice and object to the proposed taking. The property owner must also have the opportunity to a fair hearing. The hearing helps to ensure the property owner’s rights are protected as part of the eminent domain process.

Property owners who are having their property taken have the right to receive just compensation for their property. The hearing process can help the property ensure that the property is being taken according to eminent domain and land use laws; that the taking is, in fact, being done for a public, and not private, use; and if the compensation that is being provided is just compensation. Just compensation generally refers to the compensation that is fair market value for the property.

When a property owner is having their property taken through eminent domain, they may have rights to a injunction of the proposed taking or monetary damages so it is important for them to understand what rights they have and how they can challenge eminent domain if that is what they want to do. Knowing how to protect their property rights according to property and land use law is important for every property owner to be familiar with.