Can You Fight Eminent Domain?

You’ve received notice from the government that your land will be seized for a 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.

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 taking altogether; however, challenging the compensation is a much different story. While stopping a taking may be difficult, getting the right amount of money for your property is a much simpler and accomplishable goal. 

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 if the unique aspects of the property acquired. An attorney well-versed in eminent domain can guide a landowner toward a successful monetary recovery.

Hiring an Eminent Domain Attorney

If you are interested in an eminent domain fight, 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 Storey, LLP today!

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.