Find an Eminent Domain Lawyer

The area of eminent domain law has a long history in the United States. It originated in the Fifth Amendment to the U.S. Constitution. It's also a component of all the states' constitutions. Under the legal process known as eminent domain, the federal, state and local (city and county) governments can seize privately owned property if they can prove the seizure is for the benefit of the “public good.” Obviously, this is a necessary tool and benefits the public where new roads, utilities, or new schools need to be built. Eminent domain was the topic on a 60 Minutes program on CBS in July 2004, and recent years' newspaper headlines reveal a growing number of lawsuits surrounding eminent domain because the concept of “public good” is not well defined. In fact, “public good” is more and more being associated “urban renewal.” Many eminent-domain cases result from a government's desire to cure urban blight and decay; others arise when the government wants to promote urban development projects for private developers seeking to build expensive homes, offices, hotels, shopping centers, casinos, parking garages, manufacturing plants, convention centers or sports arenas. They benefit financially in revenue from these businesses, and the government pushing for eminent domain reaps greater tax revenues. Everyone wins — except the existing property owner. Continued... By Kathleen Goolsby