Home loss in America is common, though we don’t know just how common it is. While you can find limited foreclosure and eviction data, there is no database for federal or state use of eminent domain.
One thing we do know is that many residents don’t see the fair compensation they’re supposed to receive when their land is condemned to eminent domain. That means that residents not only face the loss of their homes but may not receive the funding needed to find a new home.
Can you fight eminent domain? Read on to learn what challenging eminent domain looks like.
Is Eminent Domain Legal?
If you’ve recently received a notice from your state or federal government about property acquisition, you might be wondering, what is eminent domain? Eminent domain is the government’s right to seize private property for public use. We often see cases of eminent domain for the sake of:
- Interstates and highways
- Public water systems
- Public parks
- Government buildings
In recent years, we’ve also seen uses of eminent domain to justify private land usage that the government decides is for the “greater good.” While a case can be made that this is a stretch of legal power, eminent domain is ultimately protected by the Fifth Amendment. However, the Fifth Amendment also asserts that private landholders will receive just compensation for properties lost to eminent domain.
Can You Fight Eminent Domain?
When you hear that the government intends to seize your land, you’re probably going to seek legal advice. While it’s difficult to stop eminent domain, you may have grounds to take action.
Hire an Eminent Domain Lawyer
Some homeowners try to confront the government without hiring a lawyer, but this isn’t advisable. One of your only options is to make the case that the government lacks sufficient reason to condemn your property for public use. This is a difficult case to make without expert counsel given that government organizations plan public projects for years, so click for Allentown PA lawyers before you proceed.
Work With a Real Estate Professional
More often than not, homeowners will build a case that the compensation the government is offering doesn’t align with the property’s actual value. Once again, you’ll need a lawyer to guide you through this case, but you should also consult multiple real estate professionals. The key is to get a well-established property appraisal to prove that the government’s offer is too low.
Know Your Rights as an American Homeowner
Home loss in America is more prominent than we realize given that records and data often don’t exist. If the government intends to condemn your property, you’re probably wondering, can you fight eminent domain? The answer is that while there are some paths forward, they’re tricky to navigate and require expert assistance.
When it comes to protecting your rights as an American homeowner and citizen, knowledge is power. That’s why we cover a wide range of legal topics. Take a look at our legal content to brush up on the law.
A highly experienced SEO expert with over five years of experience. He is also working as a contributor on many reputable news sites including APNEWS and TECHBULLION
