3 ways to challenge an eminent domain purchase

If you own property, you likely want to be the one who decides when you give it up, if indeed you do so at all. Yet, the federal, state and local governments all retain the right to make that decision for you in certain circumstances.

The compulsory purchase of property under eminent domain laws has been responsible for a lot of good. It’s allowed roads, railroads, facilities and national parks to be built or created, among other things. Yet it probably won’t feel so positive if it is your land they intend to take. Here are some ways you might challenge it.

1. Challenging the qualification of the project

An eminent domain purchase cannot be ordered except for projects that are in the public interest. If you suspect that the project is being driven more by personal interests than by something the public needs, then calling it out might be an option. Uncovering such things may take considerable detective work, however.

2. Showing that it can go ahead without your property

Some plans cut a wider swathe across the landscape than needed. Or they fail to consider all the alternatives sufficiently. For example, maybe the road they intend to bulldoze across your property does not warrant four lanes, and making it with just two would steer clear of your boundary. Or perhaps taking it the other side of the stream would preserve not only your house, but some of the neighbors’ homes too.

3. Contesting the price on offer

Often, the most realistic option is to try to get a better price for your property than the initial offer presented to you. Understanding how to show that your land really is worth more than what the government has valued it at takes experience, and local knowledge can help, too.

Challenging the government on an eminent domain case is not easy, but neither is being forced to give up your property. Seeking appropriate legal guidance can improve your chances of a resolution you can accept.