A review of eminent domain

By Leisa Boley Hellwarth

I’ve noticed several recent news articles about farmers losing farms to development, so it seemed a good time to review eminent domain. Those two words together just sound ominous. And they are. Eminent domain enables the government to seize private property for the public good, without the consent of the owner. The acquiring agency, however, must prove public use, pay just compensation (fair market value), and provide due process so the property owner has the right to be notified, the right to challenge the taking, and the right to dispute valuation in court before a jury.

Eminent domain balances the government’s ability to build essential infrastructure with the constitutional protection of individual property rights.

If you ever find yourself in a situation where your property is targeted for eminent domain, retain the services of the best lawyer you can find. And I mean someone with a stellar reputation who is known to go to trial when the need arises.… Continue reading