If you are facing the loss of your property through an eminent domain order, then you may be wondering if you have an option to fight that order. The answer is yes, you may be able to challenge the compulsory purchase of your property in one of a few ways.
The concept of eminent domain exists to allow projects that are truly in the public interest to go ahead. For example, roads, hospitals or a development the area needs. However, some individuals and companies try to use it for projects that are more in their personal interest than the public’s. Highlighting the lack of need for the project can sometimes lead to it being canceled altogether.
Challenging the need for your land
In many cases, the project itself is valid, but the choice of land to be taken is challengeable. Companies may propose a route that saves them money over one that reduces the impact on landowners. Rerouting or narrowing the scope of land demanded to only that which is really needed is an avenue that property owners sometimes pursue with success.
Challenging the price offered
Maybe opposing the project or the need for your piece of real estate is not likely to work. Or maybe you are not against selling up for the right price. In these cases, you may challenge the price you are being offered on the grounds that it is not fair compensation.
Eminent domains often affect more than one party, and joining with others can help strengthen your case. Whether you are one person or a multitude, experienced legal guidance can help you assess your options and decide what steps to take next.
