© Copyright 2023 SEVER STOREY. All Rights Reserved.
The primary issue in many eminent domain cases is how much compensation the landowner justly deserves under the law. However, in some situations landowners may believe that condemnation should not occur at all and they will fight against the taking of their land altogether. Generally speaking, challenges in eminent domain claims are based on one of the following arguments:
-The taking is not for public use
-The taking is not necessary for the project
-The project is seeking more land than necessary
Once in a while, however, landowners make different types of arguments against condemnation of their land that may not be heard regularly in court.
The company planning and constructing the Atlantic Sunrise pipeline was unable to negotiate a deal for the land they needed from a group of nuns belonging to the Adorers of the Blood of Christ. The nuns brought a legal claim stating that the pipeline violates their right to religious liberty under the Religious Freedom Restoration Act (RFRA).
The nuns claim their deeply held belief is that lands created by God are sacred and that the construction of the pipeline on their land would significantly inhibit their ability to protect and use their land as a celebration of God’s creation. They believe in protecting the environment as part of their religious practice and building a pipeline would prevent them from such practice.
This is not the first time that a group of nuns has stood up against a pipeline, as the Sisters of Loretto played a key role in the successful fight against the Bluegrass Pipeline in Kentucky. While we don’t know how the fight against the Atlantic Sunrise pipeline will go, we will be watching the outcome.
While some condemnation cases may be relatively straightforward, others may involve new and complex legal arguments. You do not need to be fighting against a taking of your property to seek help from a lawyer. In fact, it is wise to have a law firm on your side even to simply review any offers of compensation and negotiate a higher offer when needed.
The law office of Sever Storey regularly helps landowners across numerous states stand up for their rights when facing condemnation of their property. We have offices located in Illinois, Indiana, Kentucky, North Carolina, and Ohio, but we can also assist landowners nationwide. If you believe your property rights may be threatened in an eminent domain case, please do not delay in contacting our office to find out how we can help. Contact us online or call 1-888-318-3761 for a free review of your eminent domain case today.
What are the unique issues that face commercial property owners in condemnation that can make all the difference?LEARN MORE
Landowners forget this one thing when dealing with utility companies that want an easement across their land.LEARN MORE
What you need to know to be treated fairly by the condemning authority.LEARN MORE