The government can take private property for public use if it pays just compensation. The process is called eminent domain or condemnation.
Requirements
- The taking must be for a public use or public purpose, which courts interpret broadly.
- The owner must receive just compensation, usually fair market value.
- The government must follow due process, including notice and a chance to contest.
The process
- The agency studies the project and notifies owners.
- It obtains an appraisal and makes an offer.
- If the owner declines, the agency files a condemnation case.
- A court or jury determines compensation if there is no agreement.
- The owner may have to move after the process.
What owners can do
- Get an independent appraisal.
- Ask about relocation assistance, which may apply to residents and businesses.
- Challenge the public use or the amount of compensation.
- Consult an eminent domain attorney, often on contingency or with agency-paid fees in some states.
State protections
Some states limit eminent domain for economic development. Check your state's law and respond to notices by deadlines.
Frequently asked questions
Can I refuse to sell?
You can refuse an offer, but the government may still proceed through court.
Is fair market value always enough?
Owners can dispute it and may receive extra compensation for certain losses.