If you’ve received a notice that your property may be taken through eminent domain, you’re probably asking: Can you fight eminent domain?
The answer is yes—but only under specific legal conditions. Eminent domain gives the government as certain other entities the power to take private property for public use, but property owners are not without rights. Understanding those rights is the first step toward protecting your property and financial interests.
Can You Legally Fight Eminent Domain?
You’ve received notice from the government that your land will be seized for public use via eminent domain. But can you fight eminent domain? Yes, as a landowner, you have every right to challenge a condemnor’s ability to acquire your property. And you certainly have the right to refuse the initial offer of just compensation from the government.
Yes, you can fight eminent domain, but success depends on your specific circumstances. In many cases, property owners are overwhelmed and/or confused by eminent domain and are not aware of their rights. There are legal grounds to dispute or challenge your eminent domain acquisition. You may be able to stop or delay the taking, negotiate for better compensation, or expose procedural flaws. The key is to act quickly and consult a legal professional who understands these complex proceedings.
The right to fight eminent domain doesn’t necessarily mean you will be able to keep your land. In fact, it’s rare for landowners to be able to fight eminent domain and stop the land seizure altogether; however, challenging the compensation is a much different story. While halting the proceedings may be difficult, getting the right amount of money for your property is a much simpler and achievable goal.
Learn more about the difference between eminent domain vs. condemnation to better understand the legal framework you’re dealing with.
Legal Grounds for Challenging Eminent Domain
Here are the most common arguments used in an eminent domain dispute:
- The Taking Is Not for Public Use
The US Constitution permits eminent domain only in situations where the acquisition serves a public use. If the land will be used by a private company or development that doesn’t serve the public good, you may have grounds to object to the acquisition. - The Compensation Isn’t Fair
Property owners must be provided “just compensation” for their land. If you believe the offer doesn’t reflect the true market value—or doesn’t cover damages to the rest of your property—you can fight it. - The Process Was Flawed or in Bad Faith
Procedural missteps, fraud, and/or failure to follow state laws can also form the basis for legal action.
A landowner interested in getting “just compensation” for the land to be acquired through eminent domain should prepare a strategy for compensation that comports with legal precedent and considers all of the unique aspects of the property acquired. An attorney well-versed in eminent domain can guide a landowner toward a successful monetary recovery.
Steps to Take If You Want to Fight Eminent Domain
- Hire an Attorney: An experienced eminent domain attorney can help you understand your rights and identify the best defense strategy.
- Review the Offer and Purpose: Analyze the justification for the taking and assess if it’s truly for public use.
- Gather Evidence on Compensation/Acquisition: Collect documentation and consult experts if needed.
- File an Objection or Begin Negotiation: You may be able to stop the taking, negotiate better terms, or allow your case to go to eminent domain.
Hiring an Eminent Domain Attorney
If you need help with an eminent domain dispute, you’ll need an experienced eminent domain attorney on your side. Your attorney should be able to articulate your arguments for compensation cogently and be willing to take the case as deep into the process as possible to recover the right amount—including to trial. If the right circumstances exist whereby you may be able to stop the taking altogether, an eminent domain attorney should be able to prepare a comprehensive argument in consideration of the facts.
In most eminent domain circumstances, a landowner’s only likely recourse is monetary, but a skilled eminent domain attorney may be able to negotiate other non-monetary elements—like a smaller acquisition, the return of access rights, or agreements to install protective measures around the acquisition. If you need more information on specifics, like the cost to hire an eminent domain attorney, contact Sever Walker Padgitt, LLP today!
Visit this page to locate qualified legal help in your area.
Real Example of an Eminent Domain Case
Here is a great video that walks through a real-life example of a case we worked on. Watch the video to get a better idea of how the process of fighting eminent domain works.
FAQs About Fighting Eminent Domain
Can You Refuse Eminent Domain?
You can refuse the government’s initial offer, which may lead to eminent domain. While refusing outright won’t stop the seizure, it can open the door to negotiation or a court challenge.
Can Legal Aid Represent Me to Fight Eminent Domain?
Legal aid may be available depending on your income and location. Some nonprofit or pro bono services can help, but availability varies by state, and legal aid attorneys may not be experts in the complexities of eminent domain law.
What Is Just Compensation?
It refers to fair market value for the portion taken and any damages to the remaining property, if applicable. In some states, this can mean business losses, as well.
Can Eminent Domain Be Used for Private Companies?
Sometimes, but only if the project serves a public purpose. This is often contested in court.
Can I Delay the Process?
Yes, with limitations. With legal action, the process can be delayed or paused during litigation.
How Long Do I Have to Respond?
Deadlines vary by state. Contact an attorney immediately after receiving notice.
Are Eminent Domain Cases Hard to Win?
They can be complex but are winnable with the right legal argument and representation. More commonly, though, an eminent domain attorney will be able to get you more just compensation rather than stopping the taking of your property.
You don’t have to accept the government’s first offer. If you’re asking, “Can you fight eminent domain?”—the answer is yes, and the best time to act is now. Explore your legal options and get in touch with an eminent domain attorney today for a free consultation.
