EMINENT DOMAIN LAWYER

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Abuses of Eminent Domain In recent decades there has been growing concern about the manner in which some states and units of government exercise their power of eminent domain.
If the owner does not wish to sell, the government files a court action to exercise eminent domain, and serves or publishes notice of the hearing as required by law.
In some jurisdictions, the state delegates eminent domain power to certain public and private companies, typically utilities, such that they can bring eminent domain actions to run telephone, power, water, or gas lines.
Proceedings to take land under eminent domain are typically referred to as proceedings.
Public Use Ordinarily, a government can exercise eminent domain only if its taking will be for a use" - which may be expansively defined along the lines of public health, interest, or convenience".
For example, in one case a town wished to exercise eminent domain over a residential neighborhood, so that an upscale condominium development could be built on that land.
What is Eminent Domain Eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for a public use.
eminent domain real estate law
Eminent Domain
The Process of Eminent Domain Eminent domain law and legal procedures vary, sometimes significantly, between jurisdictions.
Introducing the law by which the government can appropriate private property.
The governmental response to that point is that the law of eminent domain arose from the experience that some property owners are unwilling to negotiate a reasonable sale price, and such unreasonableness should not provide a basis to extort an above-market price or to prevent the completion of a public project.
Some governments appear inclined to exercise eminent domain for the benefit of developers or commercial interests, on the basis that anything that increases the value of a given tract of land is a sufficient public use.
Eminent Domain By Aaron Larson Law Offices of Aaron Larson July, 2004.
Takings There are several types of takings which can occur through eminent domain: Complete Taking - In a complete taking, all of the property at issue is appropriated.
Easments and Rights of Way - It is also possible to bring an eminent domain action to obtain an easement or right of way.

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Legal Affairs Debate Club - Banning Bans On Eminent Domain?
" It seems that legislators, at least, see this latter risk most clearly—IJ has had to fight new battles to get legislatures to pass the strong, rather than the weak versions, of the eminent domain laws.
And if it's necessary for a judge to comment on legal concepts, I'd rather his opinion be anchored in common law than in ideas from the Progressive Era.
In every poll taken on the subject, everyone in the country who is not a municipal official, planner or developer almost universally rejects the use of eminent domain for private development.
What I advocate is not legislating common sense, but rather returning some common sense to the application of this nation's eminent domain laws—common sense shared by more than 90% of the public.
Assuming you don't agree with the use of eminent domain for private economic development (if I can make that assumption) what solution do you propose that will allow home and small-business owners to keep what's theirs? The outrage and momentum for change is now, and the floodgates are open.
We've done what we can to raise awareness about the abuse of eminent domain around the country, and our efforts have certainly been enhanced by the Court's decision in Kelo.
Until the 1950s, with very few and limited exceptions, the power of eminent domain was restricted to those situations where the public actually owned and used the property after it was taken, for things like roads, courthouses and post offices.
But here's the bottom line: no matter where the changes come from they must do two things—restore common sense limitations on the power of eminent domain and reform states' blight or urban renewal laws.
And now Kelo—by allowing the exercise of eminent domain for private commercial development—has erased the public use restriction from the Constitution.
To the extent a state retains the power of eminent domain over blighted properties, our model language removes the subjective criteria that are so subject to abuse.
The point of doing this "issue spotting" is to show that if we have (1) a very cynical view of local politicians and (2) a very limited optimism that judges will compensate for it, the problems are just going to continue, as those two groups learn how to manipulate statutory language to allow some of the "bad" projects in, as well.
Instead, blight is defined as something identifiable, using well-known legal concepts, like nuisance, that aren't as susceptible to bizarre interpretations by judges.
Areas are also subject to eminent domain where they are obsolescent, or have diversity of ownership or faulty layout.
In eminent domain cases, judges routinely defer to legislative determinations on this issue—legislatures, and not the courts, often decide what constitutes a "public" use as well as what meets the (typically over-broad) definition of blight.
And legislatures are the one branch of government uniquely situated to react to the overwhelming public outrage on this issue.
New—or at least revised—laws are undoubtedly an important answer to the problems of eminent domain abuse.
For this discussion, one common thread among these three cases is particularly important: in each, the government was specifically enabled by statute to use eminent domain.
Midkiff went a little farther, allowing the government to use the power of eminent domain to break up the remnants of a land oligopoly in that state.
This is no doubt indicative of a larger political alienation problem, but I don't believe eminent domain reform can only come with clean-government reform.
As both Justices O'Connor and Thomas correctly point out in their dissents in Kelo, the problem of eminent domain abuse disproportionately affects those with less money and influence in the political system.
This is an issue that resonates profoundly with individuals of all philosophical and ideological stripes, striking at one of the things that makes this nation unique—the ability to keep what you've worked hard to own.

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Attorneys who are experienced in representing property owners in eminent domain cases are available.
Only after the condemnor and the property owner cannot agree may the condemnor bring the matter to local circuit court by filing a Petition in Eminent Domain.
What Is Eminent Domain? "Eminent domain," often called "condemnation," is the legal process by which a public body (and certain private bodies, such as utility companies, railroads, redevelopment corporations and some others) are given the legal power to acquire private property for a use that has been declared to be public by constitution, statute or ordinance.
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They are generally very well versed in eminent domain law, including use of expert witnesses such as appraisers.
To use the power of eminent domain, the condemnor must be authorized, by statute or ordinance, to take the property for a specific public purpose.
The "condemnor" is the public or private body having the legal power of eminent domain.
Eminent Domain
Under the United States and Missouri constitutions, private property may be taken by eminent domain so long as the taking is for a public purpose and the condemnor pays just compensation.
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A real estate attorney can help you through the procedural rules and potential consequences of the eminent domain issue.
Legal Topics > Real Estate, Property and Housing > General/Other - Real Estate, Property and Housing > Eminent Domain/Condemnation.
Just Compensation in Eminent Domain MattersUnder the constitution, the government cannot take your land, or a part of it, without just compensation.
Pro Tanto AwardUsually, after the government has determined that they will take your land via eminent domain, the government will appraise your property.
What is a Purpose" for Eminent Domain Matters?In order to take private property under the powers of eminent domain, the government must show that it would be used for a public purpose.
Eminent Domain/Condemnation Lawyers and Legal Information
Learn about Eminent Domain/Condemnation and how to find Eminent Domain/Condemnation lawyers in your area.
Should I Consult with an Attorney when the Government is using Eminent Domain or Civil Forfeiture to Seize my Property?In an eminent domain situation, a real estate lawyer can help you negotiate with the government for a proper award for your property.
Generally, federal and state governments have delegated this eminent domain power to local governments and municipalities.
What is Eminent Domain?Under the United States Constitution, the government is permitted to take and use property for a public purpose if they give the landowner just compensation.
Legal Topics > Real Estate, Property and Housing > House or Condominium > Eminent Domain/Condemnation.
Eminent Domain/Condemnation lawyers., Eminent Domain/Condemnation attorneys, Eminent Domain/Condemnation

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Copyright 2005 Brigham Moore, LLP Eminent Domain Property Rights Lawyers.
Publications Our lawyers have been interviewed and offered comments on particular cases in numerous newspapers, magazines and other media throughout the state.
The library includes our short-form firm resume, professional papers penned by our lawyers (white papers), and links to the websites of other property rights organizations whose efforts we support.
Speakers Bureau Brigham Moore lawyers are available to speak to professional and civic organizations, academia and homeowners associations on any topic related to eminent domain and property rights.

If you would like further information about Brigham Moore’s involvement in any aspect of eminent domain and the protection of private property rights, please contact us at info@brighammoore.
Brigham Moore, LLP | Eminent Domain & Property Rights Lawyers
Frequent topics include redevelopment, land use and eminent domain, legislative initiatives, and general educational information relating to all types of property.

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Eminent Domain This guide is compiled by staff at the Minnesota Legislative Reference Library on a topic of interest to Minnesota legislators.
Responsible Eminent Domain -- From the League of Minnesota Cities ; includes articles from the Leagues' publications, Minnesota Cities and the Cities Bulletin, and links to additional resources.
E40 (Eminent domain); P167 (Property Rights Takings) For additional articles, check the following Inside Issues headings:.
Eminent Domain: The Conflict Between Private Property and Economic Development".
Domain Abuse in Minnesota: Departing From Minnesota's 'Fundamental Law', Courts Have Stretched the Concept of 'Public Use' to the Point That it Effectively Requires Great Deference to Legislative Action That Directly and Primarily Promotes Private Interests".
Supreme Court Rulings, Using Eminent Domain to Foster Economic Development Diminishes the Public Good".
Eminent Domain -- From the Reason Foundation ; includes model state statutory language and local ordinance provisions.
Many of Minnesota's eminent domain laws are located in Chapter 117 of the Minnesota Statutes.

Public Power, Private Gain: A Five-Year, State-By-State Report Examining the Abuse of Eminent Domain.
Taking Away Your Property for What? The Court's Eminent-Domain Ruling is Useless As Well as Unjust".
(Eminent domain laws passed by the 2006 legislature will not appear in the Statutes until the 2006 Minnesota Statutes are published in late 2006.
Resources on Minnesota issues: Eminent Domain
National Conference of State Legislatures: Eminent Domain -- Includes information on current state legislative activity.
Supreme Court Decision in Kelo v New London Has Prompted States to Look at Their Own Eminent Domain Practices".
The law states that domain may only be used for a public use or public purpose", and further clarifies that the benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, do not by themselves constitute a public use or public purpose".
In recent years, the trend has been to use eminent domain for economic development purposes or as a tool for redeveloping blighted areas.
Eminent Domain Legislative History: Laws of Minnesota 2006, chapter 214 , amended Minnesota's existing eminent domain laws and clarified that domain may only be used for a public use or public purpose".
Traditionally eminent domain has been used to acquire land for such public uses as roads, public buildings, and parks.
Poisoning: How States and Localities Lost Ground After Their Supreme Court Win on Eminent Domain - a Tool They Can Use to Turn Around Dying or Dangerous Neighborhoods.
Domain Goes to Court: The Supreme Court Ponders Whether New London, Connecticut has Gone Too Far".
The Use of Eminent Domain for Private Development May Benefit District Communities, but it Blights the Overall Economy.
Eminent Domain Watch -- Alan Krigman compiles news articles on eminent domain in his blog; a searchable archive is included.