State, federal, and local governments have eminent domain, which allows them to strengthen public infrastructure. Simply put, they are legally allowed to take private property for public use, such as the creation of roads and schools. However, some believe that eminent domain is now used by the government to take property from one person and give it to another.
Can a Person Stop a Government Property Seizure?
The Fifth Amendment to the Constitution declares it illegal for the government to take property unless they pay fair compensation to the owner. Citizens may resist eminent domain by proving that the seizure isn’t for the good of the public or that the compensation isn’t fair. The person can demand that the government entity provides a resolution of necessity, and they can test its explanation in court.
If Compensation Isn’t Fair
The compensation package offered for the taking of one’s property only has to be just, which is a term open to interpretation. It’s usually wise to contest the offer, as the government rarely offers a fair sum on its first attempt. Bartering can increase the offer, but if the case goes to court, there’s always the chance that the jury will decrease the amount offered.
Is it Eminent Domain When Property is Confiscated or Damaged by Police?
Strictly speaking, no. police confiscation falls under governmental police powers and not the doctrine of eminent domain. However, most states require police to compensate those whose property has been seized, damaged or destroyed.
Alternatives to Eminent Domain
Throughout the nation, developers, landowners, and local governments have found eminent domain alternatives. They include negotiated purchases, leases, and joint ventures. Here, parties can negotiate a sale without government help, or the landowner can rent the property. A joint venture allows the landowner to share in the profits by becoming a co-developer. It’s best to hire a Real Estate Law Attorney in Georgetown DE for any of the above transactions.
Does a Landowner Need an Attorney?
If one faces the prospect of having land taken through eminent domain, a lawyer can advise them of local laws. It’s likely that one of the above alternatives can be used, and clients can click here to find out how a Real Estate Law Attorney in Georgetown DE can evaluate those alternatives to ensure fair compensation.
