Eminent domain laws protect the rights of the public and the government at the expense of individuals. When a large project requires real property, eminent domain laws allow for the forced sale of private property.
The organization preparing for a highway expansion or the installation of new utility infrastructure can seek to acquire privately-owned real estate for the completion of the project. Under eminent domain rules, property owners either agree to sell or face condemnation proceedings that force them to sell.
Those hoping to avoid the forced sale of their property or minimize the harm caused by eminent domain proceedings may need help defending against attempts to acquire their property. The three solutions below can help property owners under certain circumstances.
Prove the project isn’t for public benefit
Eminent domain laws generally only apply to projects for the public benefit. The decision to erect a strip mall on the edge of an expanding community is likely more about the enrichment of the property management company or businesses moving into the facility rather than the benefit of the local community. Historically, property owners have been able to successfully challenge eminent domain sales in cases where the proposed project is more about private enterprise than public benefit. Private businesses typically can’t force people to sell their real property.
Counter the proposed price
In some cases, condemnation is likely to be successful. However, the amount proposed for the acquisition of the property might be unrealistically low. Homeowners can sometimes fight condemnation by asserting that the amount of compensation offered does not reflect the current fair market value of the home or for a parcel of unimproved land. The condemning authority has to provide fair and appropriate compensation based on what the property is worth.
Find an alternate solution
Sometimes, the party proposing the project makes demands based on the most expedient solution. It might be possible to alter the project to preserve some of the properties that could be affected otherwise. In cases involving large parcels, it may be possible to divide an existing real property parcel into multiple smaller parcels. Doing so could allow the owner to preserve some of their land or their residence while dividing off the property required to complete the project.
Every case involving eminent domain regulations is unique and requires careful review. Property owners trying to preserve their investments often need assistance developing a strategy to reduce the impact of condemnation, and that’s okay.
