Home Eminent Domain

Eminent Domain

The Legal Implications of an Eminent Domain

The Legal Implications of an Eminent Domain

Depending on the ease of the situation, the process of eminent domain can have serious legal implications. A smooth path can help avoid legal troubles and headaches, whereas a rough path can end in costly court battles, attorney fees, and appeals to follow. Since the law of eminent domain deals with the authority of a given government to take over a land of private owner for the benefit of its public use, the argument lies on whether or not the authority is just.
The law of eminent domain states that the government involved in the takeover of the land for the use of eminent domain must first notify the landowner with a sufficient amount of time in regards to the process. If the person approves, then there will be a determination made to establish the fair market value for that property. This amount will be offered to the property owner as a compensation for the takeover, as the best possible offer. If this offer is not reasonable, or insufficient in accordance with the true property value, then the owner can present the case in a hearing. 
This is not uncommon, because the government may offer the owner the value of the property at the current time, which could be a low economic time for the real estate market. This could cause the value of the home to be significantly less than it would be at a more appealing time for the market value. In this case, the owner could present a case that if they were going to sell the house during a ‘normal’ or high market time in real estate, that the worth of their property would be x amount, higher than what they were offered. 
But since they were not looking to sell, they are simply being asked or forced to sell due to eminent domain at a time of a low market, this x amount is much lower and unacceptable. Sometimes in these cases, the court will agree with the private owner and grant them the higher market value, and the government will pay to avoid further legal implications. Other times, the amount granted is the final amount, and if the court rules in favor of the government, the owner will have to accept.
If the owner does not accept the offer by the government right at the beginning, then that government will file a court  action against the owner in the case of eminent domain. The government will have to prove a reasonable cause for the eminent domain, and state under the law of public use, that the land is indeed necessary to their project. The owner can also present their case in the hearing if they feel the government does not have a reasonable cause, under the law of eminent domain, to take the land for public use. The legal process for eminent domain can be a long one if it ends up going to a hearing, even though both sides desire a smooth and swift transfer of property. The tedious transaction lies within the nature of the eminent domain law.

A Full Guide to an Eminent Domain

A Full Guide to an Eminent Domain

Eminent domain deals with the power held by a government to take over a property owned by a private person, for the purpose of public use. This can be for construction related to the building of schools, government buildings, airports, new roadways. It can also relate to simple things such as utilities, like a telephone wire, or running gas, power, or water lines through a property. The owner of the property is compensated by that government for their property, and the amount is subject to a fair market value. The property owner has the right to be notified with a sufficient amount of time ahead of the proposed action, as well as granted the right to a hearing. They can choose to accept the offer, and the compensation, or seek action in court to fight against the eminent domain cause given. The owner can also argue over the compensation amount if they do not agree with its fair value.

Background
The law of eminent domain has existed for quite some time to allow for the modification of existing areas to better fit the changing world of today.  This can be whether a community is in dire need of a new school, or perhaps recreational facility, or even a roadway leading into it. It also makes an effort in an attempt to be feasible with the property owner in compensating them for their property, as well as showing them what a benefit to the community their relocation would be. Eminent domain allows for government to redevelop slums, build new airports, facilities, and buildings necessary to improving an area, while doing so legally and justly. Given this right, governments have been able to make changes nationwide in the United States, in relation to a better quality of life for communities and its residents.

Legal Implications
The legal issues that arise with eminent domain relate to a conflict of interest or compensation between the owner and the pertaining government. The property owner can sometimes argue that the government in question does not have a reasonable cause to take over that land, or that the intended public use is not beneficial ,as defined by the law, to the general public, or solely to them.  This can happen when the use of the land will be for profit, or if the project proposed does not hold a true necessary benefit or use for that community. There is also a conflict when the owner is not compensated sufficiently for his land, below the fair market value. This can create a long and tedious court process, dealing with extensive real estate research and well experienced attorneys.

Criticisms
Heavy criticism lies on the side of those opposed to the use of eminent domain by the respective governments. This is a huge problem when private enterprises use state or city officials to exercise their power of eminent domain, for their proposed projects. This can happen in the cases of certain profitable (but also beneficial) sports facilities, shopping centers, stores, etc… Those relocated in cases from eminent domain will always present a disapproval of their forced move, but in these cases those numbers rise. The reason being that the property owners do not see the right of these private businesses to have them move simply because they want to construct their profitable projects on their land. In these instances, the general public may argue that there is an abuse of eminent domain laws by these companies through the officials. This can cause a greatly heated debate, as well as extensive court battles and other legal issues.

Lawyers
Eminent domain lawyers are essential to cases that pertain to the law being enforced on property owners. These lawyers are crucial to those seeking defense and those enforcing the eminent domain. (governments). Since public use is strictly defined under the law, the government must prove beyond a reasonable doubt that the land being taken over, is being used for the benefit of the general public primarily. They must also present that any compensation offered to the owner for their property is just and fair, as per the market value of the real estate. The property owner can hire the services of an eminent domain lawyer, if they see themselves forced out without a reasonable cause, or need for the government to take over that land. They can also use the attorney in a hearing to state their claimed value of the land, if an insufficient amount was offered as compensation.