Eminent domain is a legal process that gives federal, state or local governments the power to take private property for public use.
Using eminent domain, the government can force the sale of a property but the property owner must receive “just” compensation to ease the financial burden they are incurring for the benefit of the public.
Property owners have the right of due process. The government must prove that four elements are present to exercise the power of eminent domain: the property must be privately owned; some or all of the property must be taken; the reason for the property being taken must be for public use; and fair compensation must be paid to the property owner.
Eminent domain is a challenging subject… especially when it comes to determining how much a property owner should be compensated. Property owners impacted by eminent domain should be represented by an attorney to insure that fair market value is paid for their property.
