Understanding the Eminent Domain environment
It’s nice to think we’re living the American dream. Some of us have basically “arrived” with house, work, family, freedom. But you may not know that your property is not really yours. If the government wants to come take over your house and land, they can. It is called significant domain name.
Eminent domain means that the government can seize private property without the owner’s consent. It is based on the 5th amendment. The owner must receive fair compensation and the property must be applied for public use, but this can be a rather loose term.
There are two different categories of public use: direct public use and public benefit private use. Direct public use includes the construction of roads and highways, municipal buildings and schools, and the preservation of historic sites. Private use that benefits the public can be for railways, services of general interest, and the rehabilitation of “blasted” sites.
It’s hard to say how often a major domain name affects property owners because most states don’t report its use. However, we know that in 2020, Texas reported 224 cases where the government used significant domain names for private companies. Also in 2019, the Missouri Department of Transportation acquired 608 property packages. The result was 430 negotiation decisions, donated 178 packages and 2 demanding a convicting lawsuit.
Unfortunately, the control of a significant domain on “mocked” sites can sometimes easily be called an abuse of power. The term “blareded” does not appear to follow any real definition or parameters. In Toledo, OH, for example, in 1999, the city declared an entire neighborhood with 83 well-maintained homes and 16 businesses. Chrysler, meanwhile, promised to create 5,000 jobs, but only 2,100 people were hired.
While the government has the right to take your property, it is always wise to hire a legal counsel if you find yourself under a substantial domain. Lawyers can help you move through the process and negotiate a better price for your property.
Source: Dallas & Turner, PLLC