What Is Eminent Domain?

Many people have heard of the term “eminent domain,” but few feel the need to fully understand the concept until they are actually facing an eminent domain action themselves. Eminent domain, simply put, is the power of the government to seize property owned by private citizens for the use of a project benefiting the public. This power is also commonly referred to as “condemnation.”¹ In return for taking the property, the law requires that the government compensate the landowner reasonably based on the fair market value of the subject property.

The government does not always take full ownership of the property in a condemnation action, however. Instead, the state can simply claim a lesser property interest, such as an easement.² An easement allows the government to use part of the land for a certain purpose, but the landowner keeps ownership of the rest of the land.

Examples of eminent domain

Some examples of situations in which eminent domain may occur include the following:

• The government wants to build a new public road, but there is privately-owned property in the way of the planned road path. The government can then use an eminent domain action to take the private property from the landowner in its entirety to demolish it for the road construction.
• A utility company wants to place a power pole on a private property and run power lines through the property. The company claims rights to an easement in order to complete the project though the property owner still continues to possess the property.

The above are only two of many examples of common eminent domain actions that may occur.

Contact an experienced eminent domain and condemnation attorney for help today

If you are facing an eminent domain action, you should always understand that the government can and does abuse its eminent domain power in many situations. You always deserve to receive reasonable and fair compensation for your property, and the experienced attorneys at Sever Storey will work to ensure that occurs for landowners. Please call our Indiana eminent domain and condemnation lawyers today at 888-318-3761 for a free review of your case today.

References:

¹https://www.law.cornell.edu/rules/frcp/rule_71.1

²https://en.wikipedia.org/wiki/Easement