{"id":357996,"date":"2016-04-04T10:46:18","date_gmt":"2016-04-04T15:46:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/eminent-domain.html"},"modified":"2023-09-08T09:04:49","modified_gmt":"2023-09-08T14:04:49","slug":"eminent-domain","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/eminent-domain.html","title":{"rendered":"Attorneys and Eminent Domain Law"},"content":{"rendered":"\n
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Attorneys and Eminent Domain Law<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Eminent domain law governs the government\u2019s power to take private property for public use, but only with fair compensation and an opportunity for the owner to challenge the taking. Property owners facing a condemnation action typically need an eminent domain attorney to protect their rights and navigate the complex legal process.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Eminent domain laws cover full, partial, and regulatory takings. Disputes often arise over whether a project truly qualifies as public use or whether the compensation offered is adequate.<\/p>\n

The United States Constitution protects property owners from government abuse of this power. The\u00a0Fifth Amendment<\/a> provides that no private property may be taken for public use without just compensation. The U.S. Supreme Court has ruled this applies to all governments at every level\u2014federal, state, and municipal.<\/p>\n

Eminent domain law requires fair compensation for any property, and the owner must have the opportunity to challenge the taking.<\/p>\n

This article explains eminent domain laws and government taking. You’ll also learn why an eminent domain lawyer<\/a> is your best advocate when the government tries to take or limit the use of your property.\u00a0<\/p>\n

What Is Government Taking?<\/h2>\n

There are three basic types of government taking<\/a>. Not all result in the complete taking of your property. The notice will let you know the nature of the public project and the nature of the taking.<\/p>\n