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Can Tenants Recover Compensation if Their Apartment Building is Taken Through Eminent Domain?


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 the government.

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.