Although every American citizen has a right to property without the unreasonable interference of the government, there are some special circumstances in which the government may take private property without permission, which is known as eminent domain. At E. Evan Cope, PLLC in Murfreesboro, our eminent domain attorney has successfully represented both landowners and governmental entities in eminent domain cases, also referred to as condemnation, which is the process by which government and utilities take property for public use like widening roads, installing sewer and other utilities.

Contact our Murfreesboro law office today at (615) 640-4241 to set up an initial consultation with our knowledgeable attorney to discuss your case and learn more about your legal rights and what we can do for you.

Understanding Eminent Domain

Under certain circumstances, the government has the power to take an individual’s private land for public use. Eminent domain is defined in the Fifth Amendment of the United States Constitution. However, this clause does not imbue the government with free reign to take any land it wishes to. The power of eminent domain has its limitations and, moreover, requires the government to provide just compensation for the land.

Eminent domain is not the same as a property seizure. Property seizure takes place when the owner either commits a certain crime or abandons the land altogether.

There are three different types of land takings:

• The entire property is purchased in a complete taking
• Only part of the property is needed, resulting in a partial taking
• The property is only needed temporarily, resulting in a temporary taking

What is Public Use in an Eminent Domain Case?

When the government takes private property for public use, it must show that the property will provide advantages or benefits for the public.

Below are some examples of public use:

• Transportation projects, including bridges and roads
• Expansion of public parks
• Government buildings
• Preparation for war efforts
• Structures intended for water supply