Can I Challenge the Government’s Power of Eminent Domain?

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 private individuals who are threatened with having their property taken from them.

            It is important to remember that there are two prongs to virtually all eminent domain takings in the United States. The exercise of eminent domain must first be for a “public purpose.” Any taking that is not for a “public purpose” or for “public necessity” does not qualify as a proper taking and would therefore be unconstitutional. It is important that you consult an attorney on this matter because the courts in recent years, including the United States Supreme Court, have expanded the definition of “public purpose” over the recent years to include exercises of eminent domain for private use with only an incidental and probable public benefit.

 The second requirement is that “just compensation” be given for the property that has been taken. (some states refer to “just compensation” as “fair compensation”) The encouraging part of eminent domain for the landowner is that you can still be entitled to just compensation even if you lose your challenge against the government’s procurement of your property.  Part of the process that landowners, with the help of their counsel, should follow is procure your own appraisal of your property. Both the Federal Government and North Carolina allow landowners to get their own appraisal. This will be valuable evidence in court as to the actual value of the property.

If either the “public purpose” requirement or the “just compensation” requirement are missing from the government’s exercise of eminent domain over your property, a successful challenge may be pursued. The reality is that most challenges surround the “just compensation” requirement since most projects have an obvious public purpose. In any event, do not delay to contact a qualified eminent domain attorney to make sure your interests are protected.

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

Where Does Eminent Domain Come From?

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...

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What Is the Process of Eminent Domain?

          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...

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When Can the Government Use Eminent Domain?

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...

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