Receiving notice that the government is planning to take your property through eminent domain can be disorienting, particularly if the property in question is also your home. If you have found yourself in this situation, you may wonder, “Can I stop eminent domain?”
Yes, eminent domain can be challenged in court in some cases. At Sever Walker Padgitt, we specialize in helping landowners navigate and contest eminent domain actions. In this guide, we’ll review some of the legal challenges that landowners may raise to a proposed eminent domain action.
8 Legal Challenges to Eminent Domain
Understanding the legal challenges available to protect your property rights is crucial when facing the threat of eminent domain. Landowners have several avenues to contest a proposed eminent domain action. Here are six legal arguments you may be able to raise to fight back.
1. Improper Authorization
Eminent domain allows the government to seize private property with certain conditions. In practice, however, the government often authorizes private parties like utility companies to exercise eminent domain on the government’s behalf. In some cases, you might challenge whether the government properly authorized the party attempting to exercise eminent domain to do so. If it did not, then the court may invalidate the attempted exercise.
2. Not a Public Use
To take private property through eminent domain, the government must have a public purpose, and the condemning authority (the party seeking to take the land) must provide the landowner with just compensation. If a landowner can show that the proposed project does not fulfill the public use requirement, the landowner might successfully challenge the taking.
However, the meaning of public use in the context of eminent domain goes beyond the construction of schools, hospitals, roads, and the like. Courts have broadly interpreted the public purpose requirement over the years to the extent that the government has used eminent domain to transfer property from one private owner to another for general economic development.
3. Lack of Necessity
One reason challenging eminent domain may be successful is if the government cannot prove that taking the property is necessary for the proposed project. Lack of necessity may be argued if some viable alternative locations or methods do not require your property. This challenge asserts that taking your property is not essential to achieving the project’s goals, and therefore, the eminent domain action should be reconsidered.
4. Improper Procedure
Can eminent domain be challenged in court if the government fails to follow proper procedures? Yes. Eminent domain actions must adhere to strict legal processes, including timely notification, issuing pre-condemnation offers and appraisals, and engaging pre-suit good faith negotiation.
If any step in the procedure is skipped or mishandled, it can provide grounds to challenge the action. Ensuring all procedural requirements are met is crucial, and any deviation can be used to contest the validity of the eminent domain claim.
5. Inadequate Pre-Suit Negotiations
Most states require some level of pre-suit negotiation with landowners prior to initiating condemnation proceedings. Usually, the state is required, at minimum, to appraise the property and issue an offer based on that appraisal. If the state fails to do either, or both, you may have a valid objection at eminent domain.
6. Bad Faith or Abuse of Power
Eminent domain can be challenged if there is evidence of bad faith or abuse of power by the authority seeking to take the property. This can include actions where the property is taken for purposes other than those stated or when the condemnor acquisition is pursued in bad faith.
The Importance of Consulting an Eminent Domain Attorney
Consulting an eminent domain attorney is crucial for landowners facing property seizure. An experienced attorney can evaluate your case, identify potential legal challenges, and guide you through the complex legal process. They can ensure that all procedures are properly followed, help negotiate fair compensation, and represent your interests in court if necessary.
At Sever Walker Padgitt, our team specializes in eminent domain cases and is dedicated to protecting your property rights. By working with us, you gain access to expert legal advice and a strong advocate to help you fight back against unjust property seizure.
Courts Uphold Most Attempted Exercises of Eminent Domain
Most attempted exercises of eminent domain will be upheld by a court. As a result, getting as much compensation as possible for your property may form the measure of success you have on your case.
Retain an attorney as soon as you discover that your property is subject to eminent domain. A significant difference may exist between what landowners think their properties are worth and what condemning authorities offer. A lawyer’s representation can ensure you get the compensation you deserve under the law. Our firm operates on contingency and only gets paid if we get you more money than what is offered.
Facing an Eminent Domain Action? Call Sever Walker Padgitt Today to Schedule a Free Case Evaluation
If you believe your property is subject to an eminent domain acquisition, speak to a lawyer as soon as possible. To schedule a free consultation with an experienced eminent domain attorney, call Sever Walker Padgitt today at (888) 318-3761 or contact us online.
