Can you stop eminent domain?

When people are notified that their property is being taken by the government, they usually have two big concerns. One is compensation. But often the bigger one is, “can eminent domain be stopped?” Can you stop the government from taking your land?

Unfortunately, the answer to this question is almost always “no.” Instead of fighting the taking, land and business owners should focus their energy on the second concern, seeking maximum compensation. Here’s why.

Can the government take your land without your consent?

The eminent domain process can throw a wrench into our basic ideas about land ownership. Can the government take your property even if you don’t want them to? They can, and they take people’s land every day. But how is this fair? Why can the government take your land on a whim, even if you’ve lived there for generations?

Under the Constitution, the government has tremendous authority and leeway in this area. The law states explicitly that private land can be taken for public use. What qualifies as “public use?”

Unfortunately, the legal definition of public use has been broadened to the point there’s little hope in fighting a condemnation. In addition to taking land for community projects such as highways, schools, and parks, the government in some states can take “blighted” land and just give it to a private developer for economic development purposes.

So, while you can try to challenge eminent domain on the grounds that the project in question doesn’t really fall under the category of “public use,” or that your property is not necessary to accomplish this public use, these cases are rarely successful. Instead, work with your attorney to try and secure the highest possible compensation for your property.

The battle for just compensation

The Constitution guarantees you fair compensation for your condemned property, but who determines what’s fair in your situation? The calculations can get very complex.

For example, the main limitation on what the government can take is that they can’t take any more of your land than is necessary to accomplish their public project. In some ways, however, this can disadvantage you. The government may offer lower compensation for a partial taking, even where the remaining land is now useless.

Learn More: Getting fair compensation for your property