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How to Stop Eminent Domain

Can I stop the government from taking my property by the use of its eminent domain powers?

How to Stop Eminent DomainThe eminent domain process can be stopped if the proposed taking does not meet the requirements for public necessity or public purpose. If these tests are met, the government cannot be stopped from taking your property, but the government cannot dictate the price it will pay, either.  Learn more about challenging the right to take in eminent domain.

In almost every other case you cannot stop the Government from acquiring your property when they are using eminent domain.  99% of the projects that happen that impact your property are for public use, the other 1% are projects that are questionable whether they are public use.  If you want to fight a project, it is expensive to hire an attorney to challenge the right to take.

As a property owner, you have the right to challenge the taking and this is the only way to stop the taking from occurring.  Challenging the right to take is financially taxing for most property owners and we therefore recommend that multiple owners ban together in order to share the litigation costs.  If you feel you would like to challenge a right to take, you should first arm yourself with knowledge by understanding your property rights as outlined by your state constitution and statutes.  You should also determine if your fees and costs will be reimbursed if you are successful.  Lastly, you should contact an eminent domain attorney to see if you have a valid claim for challenging the right to take.


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