If you paid attention in your high school history class, you may have heard tales of greedy kings clawing away land from helpless peasants. Shockingly, a variant of this practice, called eminent domain, is still in use today.
If the government tries to take your house or land, is there any way to hit the brakes on the process? What happens if you refuse eminent domain? Find out in this guide from Dow Law Firm, PLLC.
Eminent Domain Explained
Eminent domain gives the government permission to buy someone’s property for public use. For example, a city might snatch up and demolish someone’s house to build a new onramp for the highway.
As bad as eminent domain sounds, it does have benefits. Without it, options for building new highways, parks, and schools would be rather limited.
When the government turns its gaze on your private property, though, it seems terribly unfair. You worked your whole life to pay for that land, and it doesn’t seem right that someone can simply say, “Too bad; it’s ours now.”
Can you refuse eminent domain? Yes, but it’s certainly an uphill battle.
What Happens if You Refuse Eminent Domain?
An agency can’t just take your property without first following due process. To kick things off, an agency will contact you to tell you that it wants your land. An appraiser will determine the property’s fair market value; then the agency makes you an offer.
You can either accept this offer or say, “No thanks.” What happens if you refuse eminent domain?
Condemning Authority Complaint
If you refuse eminent domain, the government will file a complaint with the court. This complaint must include the reason why the government wants your property.
Legal Proceedings
Once the agency files its complaint, the case will advance to condemnation proceedings, which cover:
- Whether the government has the right to pursue eminent domain: The court will decide whether the government’s assertion of eminent domain is allowed. If the government doesn’t intend to use your property to benefit the public, this isn’t a legitimate assertion of eminent domain.
- Fair compensation: The court will also determine whether the compensation being offered to you is fair, which is called just compensation.
To determine whether compensation is fair, the court will consider:
- The property’s fair market value: This is the price that your land would likely sell for if you were selling it under normal conditions.
- Current usage: The court examines how you’re currently using the property (whether you’re living on it, for example).
- Potential future usage of the property: If the property might have an improved value in the future (it’s located in an up-and-coming part of town, for instance), the court factors that into your compensation.
- Damages: The court considers your damages, such as having to relocate your business or move to a new home.
Appeals
What happens next if you refuse eminent domain? Once the court has reached a decision, either party may challenge the decision with an appeal. This is the part of legal proceedings that usually takes the longest. If either party files an appeal, the case goes to a higher court, which reevaluates the arguments and evidence.
Possession of the Property
If the court decides in favor of the government, the decision is final. The condemning agency will pay you the fair market value of your property, and you will have to vacate the property within a certain amount of time.
Do You Have a Valid Challenge to Eminent Domain?
Still wondering, “What happens if you refuse eminent domain?” Wondering whether you can stop the government from taking your land? To learn more about your property owner rights, call Dow Law Firm, PLLC, at 512-240-9951 or contact us online.