Can Eminent Domain Be Stopped?

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 eminent domain without a legitimate public purpose, then the exercise of eminent domain would not be constitutional and therefore could be stopped.

Remember, the authority that is attempting to exercise eminent domain must meet the basic two-pronged requirement set forth in both the United States Constitution and the North Carolina Constitution. First, as mentioned before, the entity that is trying to exercise eminent domain must have a legitimate public purpose. Second, the entity that is attempting to exercise eminent domain must also give “just compensation” before they can finalize the taking.

There may be other grounds that exist with your particular property that could stop an eminent domain taking. These issues typically will revolve around environmental problems that might present themselves at a given property. Environmental issues that often arise might involve the presence of an endangered species of plant or animal that exist on the property threatened with eminent domain.

Another way that might serve to stop an eminent domain taking could revolve around the condemning authority’s failure to follow proper administrative procedures. It is pivotal that you consult an eminent domain attorney to evaluate your case to see if this issue might actually be an avenue to stop the taking. However, even if this avenue presents itself, it is still unlikely that you can stop the exercise of eminent domain. Instead, you might only delay the taking until the procedural issue is resolved.

The central issue that most eminent domain cases revolve around is whether “just compensation” is being offered to the landowner for their property. Typically, this involves getting an appraisal and arguing over the proper value of the property. However, the possibility of stopping an exercise of eminent domain does exist.

Our firm focuses on three practice areas: Disability, Personal Injury, and Eminent Domain. Every practice area has attorneys who have expertise in their respective area of practice. 

Chad Brown is a North Carolina Board Certified Social Security disability law specialist. Mr. Brown helps Social Security disability claimants at all stages of the disability process. He also works with people that have Long Term Disability denials and with people that are injured by drugs and defective medical products.

Your Questions Answered

Can Eminent Domain Take Your House?

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 task. The idea that the government may...

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Can Eminent Domain Be Used for Private Use?

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...

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Can Eminent Domain be Stopped?

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...

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