No one ever envisions the government taking their property away from them for a road or pipeline, but for many landowners facing eminent domain, that is their harsh reality. Getting a notice from the government that they want to take property can be unsettling and nerve-wracking, and you may even wonder how it’s possible that this could happen to you.

But not every entity has the power to exercise eminent domain. Check out our guide to learn more about how to protect your property from eminent domain.

Requirements to Exercise Eminent Domain

Are you wondering if the condemnation of your land is legal?

Several requirements must be met for a government entity to legally exercise eminent domain. These requirements include:

  • Proper Authority: Only a government entity (or a private entity acting under government authority) has the right to exercise eminent domain.
  • Public Use: The land acquisition must be for public use.
  • Provide Just Compensation: The landowner must receive, and be offered, just compensation for their land.

If you’re still unsure if the people taking your land are within the bounds of the law, we can help. Contact Sever Story to find out if each of these requirements are being strictly met by the condemning party.

Who Has Eminent Domain Authority?

As we mentioned before, not every entity has the right to exercise eminent domain. The condemning party must be a government entity or private entity acting under specifically delegated eminent domain authority. If a corporation or other group claims to be acting under the authority of eminent domain, you have the right to fight back.

Is Land Seized in Eminent Domain for Public Use?

Regardless of who is seeking to acquire your property under eminent domain, the purpose for the acquisition must be public–e.g. Roads, libraries, municipal buildings, railroads, trails, etc. If the party seizing your land is not intending to use it for a public purpose or put it to public use, they will not be permitted to utilize eminent domain.

Consult with an Attorney Today

You deserve to know your rights when it comes to eminent domain. Contact Sever Walker Padgitt today to get in touch with an experienced landowner attorney. We’ll help you learn about your rights and ensure you get just compensation for your eminent domain case.

We have also provided a great video that talks all about how you can fight eminent domain. Watch the video to learn more about how you can protect your property.