Federal, state and local municipalities have the power of eminent domain. However, in some situations these bodies have delegated that authority to administrative agencies, local boards and public utilities. Moreover, following a recent Supreme Court decision, land can be taken by private enterprises where a public economic interest can be served.

The State can use its power of eminent domain in furtherance of a public purpose. In general a public purpose includes aquisitions for roads, parks, airports and schools.   In some instances a publc purpose can even extend to takings made for economic purposes or to remove flight. See the following FAQ for more detail.

As with all things, it depends. The State has the power of eminent domain to acquire your property. In many instances it is very difficult to stop the State from taking your property. In the event that you wish to challenge a condemnation the State must prove courtthat your property is reasonably necessary for a public project.  Before challenging a State taking it is important that you contact competent legal counsel.

No. The state is required to pay you just compensation for your property. You have a right to challenge their determination of value.  In many instances a landowner is at a serious disavantage in properly determining value.  Competent advice is essential at this stage of the process.

The valuation of your property is one of the (if not the most) important parts of your condemnation case.  Valuations should be made by expert appraisers with condemnation litigation experience in conjunction with your legal counsel.

Normally, a property owner will know well in advance that their property is being sought for acquisition. Before instituting any type of condemnation or eminent domain proceeding states are typically required to enter into purchase negotiations with the property owner.  Remember, the property owner does not have to accept the State offer.

 The state has typically spent many years researching the acquisition of your land.  It is imperative that you engage counsel as soon as possible to ensure that your rights are fully protected.