As a property owner, you expect to be able to do with your property what you want. You probably never consider the possibility of someone coming to your privately owned property and taking it, but there are situations during which this could happen. In some cases, the government may be able to come in and take your land, even without your permission. This is eminent domain, and while the government does have a significant amount of authority in these situations, you have the right to fight back.
Eminent domain is the ability of the government to claim some or all of a person’s privately owned property for the benefit of the public. This is common in cases where the government needs to expand roads, install power lines or build a structure. As a Minnesota property owner, this can be very frustrating, even shocking, but you do have the right to challenge eminent domain and fight for your property rights and financial interests.
How does eminent domain work?
The government cannot simply decide to take property and then immediately do so. There is a process, first starting with giving notice to the property owner. The owner must receive ample notice of the effort to take the property, and there must be an effort to offer the homeowner a fair price for the land. In the notice given to the property owner, the government must outline the exact amount of property it is claiming, the intended use of the property and dollar amount offered in return.
The owner then has the right to negotiate with the government on the appropriate price for the land. If this is happening to you, it is helpful to remember that the other party likely does not have your best interests in mind, and you will benefit from doing ample research to determine the true value of the land the government is claiming. You can push for a hearing during which you can contest the taking of the land, as well as the compensation offered.
Land disputes with the government
It is not easy to fight the government and contest its actions. If you have received notice of eminent domain, it is in your interests to seek a professional’s opinion regarding the options you have available to you. An assessment of your situation can provide you with insight regarding the ways you can fight back and how you can fight for the best possible outcome to the proposed taking of your land.