City Obtaining Property Through Eminent Domain: Right to a Hearing

A city obtaining property through eminent domain is legal. Eminent domain is the taking of private land by the government for public use. Public use is a broad term and includes public benefit. Eminent domain is a common assertion for highway expansion, utilities and railroad.

Eminent Domain Procedures: Your Right to a Hearing

If the city is obtaining your property through eminent domain, the city will first try to purchase your home from you. If you do not want to sell your property, the government will file a petition, called a resolution of necessity, in court to acquire your property through eminent domain. The city will schedule a public hearing. Additionally, the city must serve you with information about the date and time of the hearing, or publish the notice of a hearing.

At the hearing, the city must demonstrate that it engaged in good faith negotiations to purchase your property before it filed its petition to exercise eminent domain, but that you and the city were unable to agree upon the purchase. The city also has the burden of demonstrating that the taking of the property is for a public use. This is an easy burden to overcome because the Supreme Court has consistently deferred to the government's definition of what constitutes public use. Next, you will have a chance to respond to the city's assertions. If you fail, the court will attempt to determine the fair market value of your property.

The Takings Clause

If the government is successful, the court will determine the fair market value of your property. The Takings Clause of the United States Constitution protects landowners from having their property taken before the city pays just compensation for the land. Just compensation may have a different meaning to the landowner than to the city. Just compensation is determined by examining the fair market value of the property, the injurious affect to the remainder of the property, and any difficulty relocating you might face. The court does not consider emotional attachment to the land or the amount of time you were planning to live on the land. The city pays you the court determined just compensation and the city obtains title. However, if you are not satisfied with the outcome, you may appeal the decision.

Getting Legal Help

Eminent domain proceedings are complicated. If an eminent domain proceeding is happening to your property, speak to a licensed attorney as soon as possible. Only an attorney can advise you about your legal rights.