When you purchase a home, a farm, a business, or any other type of land, you rightfully should believe that you own that land and no one can simply come and take it away from you. For this reason, many landowners are shocked to learn that the government is trying to take their land away in order to make way for a commercial or public project. If this happens to you, it is only natural for it to seem wrong and to wonder: how is this legal?
The truth is that under the law, there are certain circumstances under which the government does have the right to take your land away from you. The 5th Amendment to the United States Constitution1 states that no “private property be taken for public use, without just compensation.” This Amendment has been interpreted to mean that the government CAN take your land if the following are true:
In addition, courts have found that eminent domain can also be used to reverse blight and to build commercial developments that will benefit the town.2
Just compensation is generally measured by the fair market value of the property taken. There can also be many other factors involved in calculating the compensation a landowner deserves, including relocation expenses, lost business, and more.
In many cases, it is the unfortunate truth that the government does have the right to seize your land. The part of this situation over which you do have some control is the amount of compensation you receive in return for the taking. At the law firm of Sever Storey, LLP, we assist landowners throughout Ohio and many other states to ensure they are not taken advantage of by the government. If you believe that your land may be in jeopardy, please call to speak with one of our eminent domain attorneys at 888-318-3761 today.
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Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761