You open your mail one day and find a notice from the government stating that it intends to take over a portion of your property. You’re shocked. You are also disappointed and, perhaps, angry. The process of government taking over private property in Minnesota or another state for public use is known as “eminent domain.” There have been many court cases regarding this topic.
For eminent domain to be effective and lawful, you, the property owner, have the right to due process. This process begins with receiving written notice regarding the government’s intentions. However, the government must then give you an opportunity (i.e., your day in court) to argue against the validity of the takeover. Also, as part of due process, the government must offer you compensation for your property, and pay you before acquiring and using the property.
The phrase “public use” is ambiguous as it pertains to eminent domain
Any property the government acquires through eminent domain must be for public use. What constitutes public use has been a subject of debate for some time. Existing laws state that, when the acquisition of property by the government boosts the economy, increases the tax base and bolsters new job development, these issues alone do not constitute legitimate “public use.”
This basically means that, if the reason the government wants to take your property is to accomplish these things, it is not a valid reason for implementing eminent domain. For the process to be legitimate, the intended use of the property must benefit the public more than owning the property benefits the property owner. Eminent domain uses usually include things like building bridges or new roads.
Defense options available to property owners
If the government offers you fair compensation under its right to eminent domain, you cannot simply decline the offer and retain ownership of the property. You can, however, try to convince the court that the government has not shown just cause of public use of the property. This is the most common defense strategy property owners employ against eminent domain in Minnesota and elsewhere.
Another possible defense strategy is to demonstrate that the government has not offered you sufficient compensation for the property. If you don’t agree with the government’s assessment of your property’s value, you can take steps to have an appraisal done. It is best if everything you do to oppose eminent domain occurs alongside experienced legal representation.