Property Seizure and the Right of Eminent Domain
It seems un-American that the government or a for-profit company, like a utility or railroad, can take privately owned land to use for its own purposes. Unfortunately for property owners, it's true.
For the Greater Public Good
The government's right of eminent domain allows it to take private property if the property seizure is for a public purpose that serves the greater public good. Traditionally, this has meant that governments can acquire private land for public purposes such as roads, highways, schools, hospitals, railroads and utilities.
The government can transfer its right of eminent domain to private companies, such as utilities, airports and railroads, if the project in question serves the public good.
Protecting the Rights of Property Owners
The U.S. Constitution directs that you receive from the government or its agents due process and just compensation. That's not just some compensation: It's the perfect equivalent in money of the property taken.
- Due process: The condemnor must give proper notification and give the landowner an opportunity to present his or her side of the case in a hearing, to appeal the decision, and, in some states, to take the dispute to a jury trial.
- Just compensation: Unfortunately, most property owners do not exercise their right to just compensation and settle their cases for much less than they could have received.
Expanding the Rights of Government
A recent Supreme Court decision expanded the right of eminent domain to allow property seizure by a private enterprise if a public economic interest can be served. This meant that the government could take private property, if it believed redevelopment could generate more tax dollars or other positive outcomes for the public. The decision was so widely criticized that the majority of states passed laws limiting the ability of state and local governments to take private property for purely economic benefits.
The attorneys of Fair Compensation protect the rights of individuals and businesses whose property is being seized for public use. Located in Wisconsin, our lawyers represent clients throughout the Midwest and across the nation. Please contact us for a free eminent domain audit.
