Can eminent domain be fought or challenged?


Eminent domain cases can be challenged for two reasons. The first one is on the basis of public use and the other reason is if it is necessary for the property to be taken. Federal and State law and past legal precedent defines what constitutes a legal public use and a necessity. Sometimes a property owner can challenge in court whether the proposed taking of their property is for a public use. Some of the most common uses for eminent domain are for expanding public roads, building public schools or libraries, and building government buildings, such as police and fire stations. If the proposed taken is not for a public use or is not necessary, the property cannot be taken. Evaluating the need for the taking of the property is a necessary first step in determining whether government can actually take the property. If it can, then the next step is to determine the amount of compensation the property owner is entitled to receive for the taking of their property.

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