June 30th, 2016 — In FAQ
Dictionary of Key Terms
Below are general definitions of key terms that are often used in eminent domain and other taking cases. Please note that the precise definition of any of the following terms may differ depending upon the state or jurisdiction applicable to the relevant matter. Additional Information on Eminent domain Our website is full of resources for individuals and businesses threatened with the loss of their private property rights. For more...Read More
March 22nd, 2016 — In Articles
Eminent Domain vs. Inverse Condemnation: What’s the Difference?
Owners’ Counsel of America member-attorneys are dedicated to assisting private property owners defend their property rights when those rights are threatened by government intrusion or overreach. We realize that many of terms we discuss here and the concepts involved in eminent domain law are complex and can be confusing. To shed some light on this “dark corner of the law” we have answered some of the frequently asked questions landowners may have relating to eminent domain and...Read More
March 3rd, 2016 — In Articles
I Received a Condemnation Notice. What are My Rights?
If you received a condemnation notice or a notice that your property may be needed for a public project, it means that a federal, state or local government authority is seeking to acquire your property (or an interest in your property) using the power of eminent domain. Eminent domain is the power granted to the government and governmental agencies to seize private property for public use. This power is not absolute...Read More
January 4th, 2016 — In Articles
Can Eminent Domain Be Used to Acquire Natural Gas and Water Rights?
In most eminent domain cases, property owners are fighting to protect their land from condemnation. Whether for a public park, road, hospital, or utility, the government most often uses its power of eminent domain to obtain the right to build on private property. But, what if the government isn’t seeking to take your property, but rather the resources beneath it? This presents an important question for landowners in resource-rich...Read More
December 28th, 2015 — In Articles
When Can Property Owners Challenge Eminent Domain?
While state and federal government agencies have the power of eminent domain – to take private property for public use – that power is not unlimited. Eminent domain power is limited by the Fifth and Fourteenth Amendments to the U.S. Constitution and by individual state constitutions and laws. If the government seeks to take your property, there are potential defenses an eminent domain attorney may employ to challenge the...Read More
September 21st, 2015 — In Articles
More Answers to Property Owners’ Frequently Asked Questions about Eminent Domain
The concepts – and even terminology – involved in eminent domain law are complex and can be confusing. To help property owners understand the condemnation process, we have published answers to many frequently asked questions (FAQs). In this article, we provide answers to some additional FAQs that might be helpful to property owners. The answers provided are for informational purposes only, and should not be construed as legal advice....Read More
September 5th, 2015 — In Articles
Can I Afford to Hire an Eminent Domain Attorney?
You have received a notice from the government informing you that your property is needed for a public project. The notice suggests that the government will use its power of eminent domain to take your property, if you can not reach an agreement on the price that the government should pay you for your land. The idea of challenging the government to defend your property, protect your rights and make sure that you are compensated fairly...Read More
September 4th, 2015 — In Articles
Property Owners’ Frequently Asked Questions About the Keystone XL Pipeline
If you own property on the proposed route of the Keystone XL Pipeline, it is important to understand your legal rights. Below are answers to some frequently asked questions about the Keystone XL Pipeline. You can also read our answers to frequently asked questions about eminent domain.Read More
September 2nd, 2015 — In Articles
Understanding Your Rights in Inverse Condemnation and Regulatory Takings Cases
The Fifth Amendment to the U.S. Constitution establishes that the government must pay property owners just compensation for the taking of private property for a public purpose. Most government takings involve the condemnation of private property using the power of eminent domain. In a typical eminent domain case, the government issues a notice in advance of the taking and in most jurisdictions makes an initial offer to purchase the...Read More
June 25th, 2015 — In Articles
Property Owners’ Frequently Asked Questions About Eminent Domain
When you learn that your property may be condemned, you need information and advice as to how to proceed and what actions to take. Here are a number of common questions and answers which may be helpful, including: What is eminent domain? Who can use eminent domain? What does "public use" mean? Can eminent domain be used to take my property and give it to another private party?Read More