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Understanding Eminent Domain: How the Fifth Amendment Protects Your Property Rights

The Fifth Amendment of the United States Constitution ensures that property owners are protected from potential abuses of eminent domain powers by requiring the government to provide just compensation for property owners. It also gives owners additional rights if their land is condemned for public use. Learn how the Fifth Amendment may help protect your […]

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How Are Communities Selected for Eminent Domain Projects?

Eminent domain is the ability of the government to acquire private property for public use. A typical example of how the government may use eminent domain is urban revitalization projects targeting areas deemed to be affected by urban blight. Our attorneys explain the basic facts about blighted communities and review additional considerations regarding how communities

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Private vs. Public Takings: Understanding the Distinctions

Eminent domain is a legal concept that allows the government to acquire private property for public use, typically with just compensation to the property owner. However, in certain circumstances, private companies may also be granted the power to utilize eminent domain. Learn the differences between private and public takings in eminent domain cases and see

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Partial Taking: Exploring Eminent Domain’s Subcategory

When a government agency such as the Department of Transportation proposes a project for public use or that benefits the public in any way, it may use its eminent domain authority to take private land necessary for the completion of the project while providing compensation for the landowners. But what happens if the government only

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How Is Fair Compensation Determined in Eminent Domain Cases?

The right to receive fair compensation in an eminent domain case is a constitutional right given to landowners and a necessary step in the process of land condemnation. But how does the government determine how much to pay the landowner for their property? Get an overview of how just compensation is determined in eminent domain

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What Happens if I Refuse to Sell My Property Through Eminent Domain?

Being told that the government will take some or all of your land for a public use project can be a scary and complicated situation for any landowner. The idea of having to sell a property that may sometimes have been in the family for generations can be overwhelming, leading many owners to wonder whether

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