EMINENT DOMAIN FAQ

The question assumes that eminent domain is a person or entity that can do something. Eminent domain is a tool, not an entity or person. It is analogous to a specific type of wrench that allows a mechanic to perform a specific...

Although to some it might seem inherently wrong for the government to take a private citizen’s property and give it to a private entity, that can indeed happen. The United States Supreme Court in Kelo v. New London, a landmark Supreme Court case in 2005, established...

When challenging an action for eminent domain, the property owner generally has two avenues. The two avenues that can be used to stop or challenge a taking are found in the Fifth Amendment of the United States Constitution. First, the property owner can challenge the...

The power of eminent domain is neither reserved nor limited to the Federal government. The power of eminent domain was not reserved by any document, statute, or constitution. Instead, the power of eminent domain is inherent. In other words, it is deemed to be...

The legality of eminent domain goes all the way back to the Roman Empire. However, American law has recognized the right of eminent domain as an inherent power that precedes any government statute and even the Constitution. The recognition that the courts have given...

Generally, any sovereign government may exercise the inherent right of eminent domain. Eminent domain is an inherent right that is deemed to exist automatically within the borders of a sovereign government. A government is...

Eminent domain is the inherent right of the government to take private property that is owned by a private citizen and convert it to public use. The primary purpose for eminent domain is the “public use.” Typically, this entails taking property, usually land, in order...

          Eminent domain is the government’s ability to take private property and convert it to public use. Eminent domain is an inherent right that exists because it is necessary for a government to perform its duties. The...

This is a common question that gets asked a lot. Most people presume that the government cannot take a private citizen’s property unless it was stolen or some other wrong had been done. That feels right and fair. However, the idea that the United States government can...

The government’s right of eminent domain does not come from the United States Constitution as some might think. It is also not an invention of the America’s Founding Fathers. Instead, the right of eminent domain is an ancient principle that goes back to the days of...

          The eminent domain process in North Carolina will always be initiated by one of two entities-the government or private entities that perform a public function. (The most common private entity would be a power...

The government can most certainly use eminent domain whenever it requires the use of someone’s personal property for public use. However, the better question is, “When does the government typically use eminent domain?” Remember, the government must only exercise...

Eminent domain is an inherent right of a government to take private property and use it for public use. This right is deemed to be inherent because governments are typically sovereign over all the land within their borders. Therefore, given the superior dominion that...

            Typically, the government or a public utility will attempt to use eminent domain in order to complete a project. The authority that seeks to use eminent domain activates its right to eminent domain...

The process for exercising eminent domain will vary depending on who the condemning authority is. For example, in North Carolina, the process for a private entity condemning property is different from the standards and procedures that the North Carolina Department of...

To adequately answer the question, it is necessary to define what “personal property” is first. Personal property includes property that is both tangible and intangible which is not permanently attached to land. Tangible property is physical in nature. Meaning that...

The question of whether the exercise of eminent domain can be stopped usually depends on one major question. The question is whether the exercise of eminent domain is for a legitimate public purpose. If the government or any other private entity tries to exercise...

People tend to place a lot of extrinsic value on the dwelling in which they live and call home. For some, the recent “van life” craze has created an entire community of individuals who call motorized vehicles home. However, most individuals still live in “normal”...

This question is best answered by dividing the question into two parts. First, can the government take a private individual’s land and convey it to a private actor? Second, can a private entity exercise the power of eminent domain to take a private individual’s land...

Challenging the government’s right to take property can be a daunting task, and we would recommend that you consult an eminent domain attorney like the qualified attorneys at Chad Brown Law, P.L.L.C. However, the following will serve to hopefully encourage those...

This is an interesting question. Neither the Federal Constitution nor the North Carolina Constitution gives the government the express power of eminent domain. When you read or hear about someone referring to an “express” power in legal terms, that is referring to a...

Eminent Domain has been equated with a government’s ability to wage war and levy taxes-it is a governmental practice that feels unfair because the private citizenry seems to suffer the most. Although it may seem inherently wrong that the government can simply take a...