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Can a Jackson resident challenge an eminent domain taking?

| Apr 25, 2018 | Real Estate |

Property owners in Jackson may take pride in their homes and land. Some people make a living off of their land or property, for example, through farming or having a business they own on their property. A person’s private land and the buildings on it may be the most valuable asset they own. However, does the government have any right to take a person’s private land?

Under its power of eminent domain, the government is permitted, per the United States Constitution, to seize a person’s private land for public use. However, it must provide the landowner with just compensation. Many people may be upset if the government is taking their private land, and they may feel like the compensation they are receiving is insufficient and unfair. However, it may be possible to challenge eminent domain takings.

First, before taking land under eminent domain law, the government is required to give the property owner fair notice, as well as the chance for a fair hearing. This is so that the property owner has sufficient time to determine whether they think the compensation being offered is fair and the property owner can seek legal advice if they wish. If proper notice or a hearing are not given, eminent domain can be challenged. Also, it may be possible to challenge eminent domain by showing that the seizure of the land is not in the best interests of the public.

As this shows, while the power of eminent domain is a strong one, it can still be challenged. However, it can be difficult to prevail on such challenges without a thorough understanding of the law. Not every challenge to eminent domain is successful, but even if the government prevails on its eminent domain powers, it may still be possible to negotiate an amount of compensation that the property owner believes is fair.

Source: FindLaw, “What is Eminent Domain Law?,” accessed April 22, 2018