How to Fight Eminent Domain


If you’re a landowner dealing with the nightmare of eminent domain, you may be wondering if there is any hope for your situation. But can eminent domain be stopped?

In fact, there are many circumstances where a landowner can challenge the government in taking away their land. In these cases, there generally must be proof that either the condemnor failed to follow the proper procedure for acquiring the land, or the use for which the land is sought is prohibited. Skilled eminent domain lawyers are essential to gather this evidence and fight for the landowner’s rights.

 - Situations that allow for property owners to contest eminent domain:

 - The condemnor lacks authority to condemn and seize your property

 - The condemnor lacks a sufficient public purpose for condemnation 

 - The condemnor doesn’t need your property for a public project

 - The condemnor has not offered just compensation for your property

 - The condemnor has not followed proper procedure in exercising its authority

Who Has Eminent Domain Authority?

Learning how to fight eminent domain starts with understanding who has the authority to initiate an eminent domain case. Only a government organization or private party acting with authorization from the government has the right to exercise the power of eminent domain. If the condemnor is not authorized by the government, they legally cannot force your hand in selling your property.

Can Eminent Domain Be Stopped?

With the right attorneys (and facts) on your side, eminent domain can be stopped. Experienced lawyers may be able to show evidence that the condemnor does not have the right to acquire your land, or that you’ve been offered unjust compensation.

Contact Sever Storey Walker today to find out if you have a case to stop an entity from acquiring your land. We’ll use our decades of experience representing landowners to fight for your rights. From retail property to hotels and rural farms, we’ve vigorously assisted all our clients in getting just compensation or reclaiming the land that is rightfully theirs. Get in touch today for a consultation.


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