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Eminent domain is the process by which states and localities have the right to condemn and force the sale of private property usually in order to serve a public purpose. In some situations, states or localities have given this power to administrative agencies, local utilities, or local boards (e.g. library boards). Condemnation is the act of a government exercising its power of eminent domain, not to be confused with the legal process where a building is designated as no longer fit for habitation.
Traditionally, private property was often taken for public uses like building freeways, schools, bridges, and more recently certified technology parks. Only a judge can decide whether or not a taking is for a public purpose should there be a dispute between the property owner and the state.
At Sever Storey, we work exclusively for LANDOWNERS. We do not and never will represent municipalities, governments or utilities who seek to take land through the condemnation process. We believe that the State and Federal constitutions require that landowners receive just compensation for any land taken through condemnation and eminent domain.
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