What is Eminent Domain?

What is eminent domain and what do you need to know about it? A broad explanation of 'what is eminent domain' could be that eminent domain is a power maintained by the government allowing them to confiscate private property without the consent of the owner.

There are some restrictions to this power. For example, property is acquired through eminent domain should be used for ‘public use’. This could be to construct public facilities, railroads, and highways, or for other public benefit.

To learn more information to answer the question, ‘what is eminent domain’, you can contact local eminent domain attorneys. At The Wallach Law Firm, our eminent domain lawyers can help you understand what eminent domain law is and what your rights are under this law. We provide expert eminent domain and property law services to clients living throughout Missouri.

What is Eminent Domain Used for?

The government has long used the principle of eminent domain to acquire property for 'public use' projects, but in more recent times, the definition has been broadened to include projects for 'public benefit' as well. Under this definition eminent domain is used for economic development and other related projects.

This change in the definition of what is eminent domain stems from the 2004 case Kelo v. City of New London where the Supreme Court ruled that economic projects that create new jobs, increase city revenues and taxes, and revitalize blighted or depressed urban areas, also qualified as 'public use'. This set a new precedent and gave the government more powers under the law.

Can You Fight Eminent Domain?

While eminent domain is defined and set in the state or federal constitutions, individuals possess the right to fight the government's right to condemn your property. However, before doing this, it is very important to understand completely what eminent domain is and how the laws apply.

If you are planning to fight eminent domain, an eminent domain lawyer can guide you and help you fully understand your rights.

What is ‘Just Compensation’ Under Eminent Domain?

Every individual whose property is seized under eminent domain is eligible to receive compensation in turn for their property. Therefore, when answering the question what is eminent domain, one should also consider this topic. As stated in the Fifth Amendment, no private property can be confiscated under eminent domain without 'just' compensation.

American courts have repeatedly held that 'just' compensation should be the fair market value of the property. This approach takes into account the best and highest use of the property and not necessarily its current use. An eminent domain attorney can help you to understand and calculate what the fair market value is for your property.

Contact Us to Learn More About What Eminent Domain Is

For more information on what eminent domain is, to contact The Wallach Law Firm today. Jerome Wallach has successfully fought a number of eminent domain and condemned property cases, and they will be happy to help you with your case. From commercial and agricultural to residential and religious properties, we have worked with many cases in Missouri, and can help you fully understand what your rights are. Contact us today at 314-997-3805.