Eminent Domain is the process by which the state acting on its own behalf or another's seizes a citizen's private property in return for just compensation. Property taken by the government may only be used if the taking will be for the public use. Although public use can be broadly defined, there are limits against the government's powers. Property taken by the government is commonly used for highways, railroads, and public utilities. There are various types of takings which can occur through eminent domain. For example, a taking can be temporary or a taking can be for a piece of the property. Additionally, a taking can be an easement or right of way.
At Jorgensen, Brownell & Pepin, our real estate attorneys can represent your interests to defend against eminent domain and government taking. For example, the government cannot proceed with eminent domain if the taking is not for public use, or they have not been authorized by the legislature, or the government has not followed the proper procedure required by law. We can represent your interests in negotiations for increased compensation, mediation for alternative plans, or litigation to protect your property. |
