Have you ever driven past a home that just seems out of place given the
other structures around it? Although other types of housing or businesses
are built around it, the lone house still remains. In many of these circumstances,
the owner does not budge and refuses to leave their home. This is a rare
sight to see, especially because in most cases the owner will succumb
to the pressures of
Eminent domain has been more frequently in the news, but you may not fully
understand this concept. At Allen Smelsberger & Kaelin, LLP, we are
proud to offer our qualified representation to protect your rights and
your property. Your first step, however, will be understanding eminent domain.
It is a natural right to have control over your personal private property
The concept of your property being an inherent right became long before
the Founders enshrined it into the country’s DNA. Eminent domain
will take over when your natural right to your own private property is
overcome by the government’s desire to take possession of it.
The government’s duty is not to take our property but to uphold our rights
Eminent domain seeks to take away the natural right of a person to possess
There are different views on eminent domain
One idea is that the government’s duty is to take possession of
property as long as it is in the best interest of others. Another idea
is that government should be able to exercise eminent domain, but only
within a limited manner.
The Founders sought to limit the government’s ability to take possession
of one’s property by making this a small function that can only
be conducted within specific parameters.
So long as certain criteria is fulfilled, eminent domain allows the government
to cease control of your property
Under the Fifth Amendment, there are two conditions in which the government
is allowed to enact eminent domain:
- If it is explicitly for public use
- The owners are justly compensated
With Kelo vs. New London in 2005, everything changed
In a 5-4 decision, the parameters by which eminent domain is used, changed.
Now, the government is allowed to decide whether something will be for
Dealing with an Eminent Domain Case?
If your property has been affected by eminent domain, it is important to
ensure that your rights are protected.
Reach out to our firm at once to get our team on your side.