People who own property in Tennessee are not expecting the government to simply decide to take it from them for its own use, no matter how important or necessary that use is said to be. However, it can happen based on eminent domain. People who find themselves confronted with the possibility that their property will be taken should be aware of their rights. It might be possible to prevent the government from taking the property. It is also imperative to make sure a fair price is paid if the land is willingly surrendered.
Eminent domain and public use
The basic idea of eminent domain is to grant the government the ability to take a property or part of a property for public use. This was addressed federally in the U.S. Constitution and is perfectly legally based on the fifth and 14th amendments. The key is that the public use is legitimate. It cannot be for private use or benefit, nor can there be indirect public benefit stemming from private entities’ commercial or private development. There are examples of when eminent domain will be categorized as for the public good.
Public good projects may include public transportation, a bridge, a road, a highway or a necessary building. It can also be used for utilities, for urban renewal and for private use along with public use if there is no condemnation for that sole purpose. People dealing with eminent domain are required by law to receive fair market value for the property.
Legal advice may be crucial with an eminent domain case
Eminent domain is a somewhat surprising aspect of the law in the U.S. given the priority given to individual freedoms and property rights. It is a legal way in which a person’s land can be taken if it adheres to the fundamentals of the law. Those who are facing the prospect of their property being taken as part of an eminent domain case may want to fight the attempt or need assistance in ensuring their rights are followed in getting the maximum amount they are entitled to in exchange for the property. For eminent domain and condemnation or any other aspect of residential real estate, having legal assistance can be vital for an acceptable outcome.