Whether it be a retail mall taking over the land of private homes or a utilities company taking away farmland, there are countless examples of eminent domain throughout history.
All too often, the government’s right to buy private property and use it for a public project can cause big trouble for property owners. The government may overstep their rights, and landowners may not get the compensation they are entitled to.
Check out these nine seminal eminent domain cases in America over the decades.
What Is Eminent Domain?
Implied in the Fifth Amendment of the Constitution, eminent domain is the government’s right to seize private property for public use. When private property is taken, the government is supposed to give just compensation for the land it takes.
Simply: Eminent domain means the government has a right to take your property for public use.
The problem is that eminent domain tends to be abused in two ways:
- The seizure of property is not for a “public use.”
- The property owners are not given the fair compensation they are entitled to.
Historical Uses of Eminent Domain
- Conservation efforts
- Environmental protection
- Historical preservation
- Irrigation projects
- Public buildings
- Public parks
- Transportation
- Infrastructure
- Military readiness
- Water supply
9 Famous Eminent Domain Examples
Here are nine famous examples of eminent domain cases:
1. Penn Central Transportation v. New York City
In 1978, Penn Central Transportation submitted plans to build an office above Grand Central Terminal in New York City. The NYC Landmarks Preservation Commission denied the plans on the grounds that the terminal is a landmark.
Penn Central tried to sue them, claiming that the City’s regulations over the terminal, specifically labeling it a “landmark” and limiting development, amounted to a “taking” of the property. The US Supreme Court rejected Penn Central’s argument, ruling that the City’s landmark designation did not amount to a “taking.”
2. Kohl v. United States
The first U.S. Supreme Court case relating to the federal government’s eminent domain rights occurred in 1875. In Kohl, leaseholders on a parcel of land challenged the federal government’s attempt to acquire their property interest for a post office through condemnation.
The court ruled against the leaseholders and in favor of the government, confirming the federal government’s right to take the land within the states through eminent domain.
3. Lucas v. South Carolina Coastal Council
In 1992, the South Carolina state government enacted a law affecting the development of segment of private coastal land in South Carolina. Because the acquisition prevented the landowner from developing its property, the Supreme Court ruled that the landowner was entitled to compensation from the government resulting from the law enactment.
4. United States v. Gettysburg Electric Railroad Company
In 1896, Congress used eminent domain to take the Gettysburg Battlefield from the Gettysburg Railroad Company. The owners sued the government, but the Supreme Court ruled that the actions were legal, as long as the railroad company was paid just compensation for the land.
5. Kelo v. City of New London
Another famous eminent domain case occurred in 2005, when the city of New London, Connecticut was granted the right to take private homes, and then transfer the ownership to a private developer to develop a local economic project.
In this controversial case, the Supreme Court essentially ruled that eminent domain allowed a city to take away homes and give them to private parties for a “public purpose.”
6. Berman v. Parker
In 1945, Congress allowed the District of Columbia Redevelopment Land Agency to rebuild an area of housing under the power of eminent domain.
An owner of a department store in the same housing district sued the agency, saying the taking of his land was a violation of his rights. The court unanimously ruled in favor of the District of Columbia Redevelopment Land Agency.
7. Hawaii Housing Authority v. Midkiff
In a 1984 eminent domain case in Hawaii, the courts ruled that Hawaii’s Land Reform Act was constitutional, allowing the state to take land from property owners and give it to property renters.
This ruling was seen as a way to redistribute land to prevent private landowners from possessing the majority of the land.
8. Cascott v. City of Arlington
In 2004, Arlington made a deal with the Dallas Cowboys to build a stadium in the city. However, they had to demolish a neighborhood when the location was chosen.
When the residents and the city couldn’t agree on compensation, the city used eminent domain to take the land anyway. As a result, the residents sued the city. They claimed the land seizure wasn’t for public use because it was for a stadium for a private entity.
The city claimed that the stadium was for the public because it was a sports venue for both professionals and amateur athletes the public could enjoy.
Ultimately, the court sided with the city of Arlington and upheld the eminent domain.
9. S. Lafourche Levee District v. Jarreau
In 2011, the South Lafourche Levee District decided they needed levees on the west bank of Bayou Lafourche since it was vulnerable to flooding. This required them to take that land away from residents to build the levee,
One of the residents, Chad M. Jarreau, of the land affected was a dirt farmer. This meant the levee project was going to cause significant damage to his business. He rejected the given compensation as he considered it unfair compared to what his business was worth.
Soon, both parties were in court over the right to use eminent domain. Eventually, the court sided with Jarreu.
Recent Examples of Eminent Domain Cases
Though many of these examples of eminent domain occurred decades ago, the government, and utilities, still exercise eminent domain today. They will use it for commercial property, pipelines, powerlines, and road development, amongst many other uses.
Here are a few examples:
- In 2021, the Supreme Court sided with a gas company seeking to use state land to build a natural gas pipeline.
- Ohio History Connection recently settled a debate about giving the public access to ancient earthworks by buying out a country club’s lease after a decade of legal wrangling.
- The Alaska Department of Transportation exercised eminent domain to construct a road across an Alaska Native family’s land.
Can I Fight Eminent Domain?
It is possible, though difficult, to fight an eminent domain acquisition. Fighting condemnation means attempting to stop an acquisition.
However, you can still put up a fight with the right lawyers on your team. There are generally two arguments a landowner can make to stop eminent domain:
- Prove that the government is taking your land for an improper use.
- Prove that the government did not follow the law in attempting to acquire your land.
If you can be successful in either of these arguments, you may be able to get your condemnation matter dismissed by the court.
Sever Walker Padgitt Eminent Domain Law Attorneys Can Help You
We have a team of lawyers who specialize in the eminent domain. Here are some examples of what we have been able to accomplish for other landowners:
Case 1
- State: Indiana (Morgan County)
- Initial Offer: $377,300
- Sever Walker Padgitt Result: $2,300,000
Case 2
- State: Pennsylvania (Northampton County)
- Initial Offer: $21,380
- Sever Walker Padgitt Result: $73,350
Case 3
- State: Ohio (Sandusky County)
- Initial Offer: $70,000
- Sever Walker Padgitt Result: $200,000
Case 4
- State: Missouri (St. Charles County)
- Initial Offer: $50,000
- Sever Walker Padgitt Result: $101,459
Case Five
- State: Iowa (Wapello County)
- Initial Offer: $73,341
- Sever Walker Padgitt Result: $127,000
Get Help with Your Eminent Domain Case
Now that you’ve seen several examples of eminent domain cases, it’s time to make sure you get the fair treatment and compensation you deserve in your own case. Contact our landowner attorneys in your area to get assistance fighting for your rights. We have the experience and knowledge necessary to ensure justice is served.
