Under the power of
eminent domain, the government can acquire property as long as they are doing so for
public use and the owner of the property is fairly compensated. Compensating
a property owner ensures that they are justly paid not only for the value
of their home or business, but also for the inconvenience of being displaced
through the eminent domain order. However, the taking of a property can
affect more than the owner. This is especially true in cases in which
an apartment building or other rental property is acquired through eminent
domain. When this happens, tenants can be displaced and are inconvenienced.
In these cases, tenants may wonder if they can also be compensated by
Tenant’s Rights in Eminent Domain Cases
It is possible for a tenant to receive compensation if they have been affected
by an eminent domain order. Your right to recover compensation may be
outlined in your lease.
You may need to file a claim to recover compensation if your rights are
not explicitly defined in your lease or if you have been denied payment.
In any eminent domain case, the property owner will be the main subject
of the case and will receive the majority of any compensation. Although
you, as a tenant, will not be able to receive any compensation related
to the value of the property, you can still be compensated for the displacement
caused by the order and any inconveniences you have suffered. Additionally,
your lease will most likely be terminated and you will receive deposits
and other related payments upon the end of your lease.
The attorneys of Allen, Semelsberger & Kaelin LLP can advise you if
you are facing an eminent domain order or are renting a space that is
being taken through eminent domain. We are available to discuss your case
and provide representation if you are involved in legal action.
If you are interested in speaking with our legal team,
send us a message or call 888.998.2031 to schedule a free consultation with our lawyers.