How to Fight Eminent Domain: Legal Strategies for Property Owners

Eminent domain is a crucial legal tool that allows the government to seize private property for public use. The authority provides societal benefits, allowing for community growth and service delivery. However, it often creates challenges for property owners who may get less than they deserve.

Legal Strategies for Property Owners to Fight Eminent Domain

If you are a property owner facing eminent domain, here are legal strategies to protect your interest.

1. Challenge the “Public Use” Requirement

The process starts with the government issuing the property owner a formal notice detailing the intentions to acquire the land. The constitution requires the government to take property only for public projects. These include high schools and public transportation. However, the requirement has expanded in the past decades. This is mainly after the 2005 Supreme Court decision in Kelo v. City of New London. The expansion allowed governments to seize the land for economic development purposes.

As a property owner, you can challenge the government from seizing your property by questioning its purpose. Start by scrutinizing the notice to see if the property is taken for public or private development. Researching state-specific eminent domain laws will help you understand if the acquisition is in the public interest. Providing public records showing project beneficiaries and development plans can also stop the government from seizing your property.

2. Contest the Fair Market Value of Your Property

You are entitled to fair compensation, even when the government’s intentions are legal. The payout is interpreted as the market value of your property. However, sometimes the government’s offer may undervalue your land. That is especially if it has commercial, sentimental, or unique zoning considerations. Once you understand the highest and best use of your land, you can legally contest to increase your compensation.

Start by hiring a qualified and independent appraiser to assess the actual market value of your property based on the government’s development plans. They will compare recent sales of similar properties in your area to support your claim for higher compensation. Involving a certified eminent domain attorney in Houston is also crucial. They will contest the offer to include all economic and non-economic damages. Governments often overlook these additions.

3. Explore the Possibility of Negotiations

Most cases involve litigation, especially if landowners feel they are not fairly paid or are unwilling to surrender their properties. However, before heading to court, explore the possibility of negotiating the offer and reaching an agreement. Start by opening communication channels with the agency as soon as you receive the notice. You can also let your lawyer talk on your behalf and help you secure a better deal.

When negotiating, consider alternative arrangements, such as partial takings, easements, or project redesigns. These can enable you to receive ongoing compensation or keep part of your land. Negotiating can also provide other benefits besides saving you the costs and delays of a court battle. For instance, it allows you to explore government-assisted programs offering relocation aid. Depending on your unique challenges, agencies can also give you more time to relocate.

Endnote

Fighting the government in eminent domain cases can seem impossible, especially if it has extensive legal support. However, this does not mean agreeing to illegal takings or unfair payouts. By understanding the process and working with an experienced attorney, you can challenge the case to increase compensation or keep your property.