A Brief Overview On Eminent Domain

Law And Legal

The power that the state possesses or even its municipalities and agencies have of taking the property of a private owner and converting it into one for public use is referred to as eminent domain. Even some private companies have this power. The above mentioned term can also be referred to as condemnation.

Eminent Domain: History

Some may believe that the right of condemnation or eminent domain came from the constitution of the United States itself. However, the same is not true. After the conversion of American colonies into a sovereign state, the powers of the British parliament were retained by the sovereign state. That is how they got the power of condemnation. England already had this power as well as the requirement based on just compensation, well established in the city during the American Revolution.

The power of condemnation was placed in the constitution of the United States in 1789. its use was, however, limited by just compensation and also public use. Further were also imposed on the methods this power can be used. The law has given government bodies the power by which they can take a property and can make it a property for public use. For instance properties like roads, schools, parks and public buildings can be made into public use properties. Blighted property can also be taken up for public use. The criteria for determination of blight, however, varies in each state.

Eminent domain law also offers considerable protection for the property owner whose property is being taken over. The law has provisions which ensure the property owner gets proper, and just compensation for their loss. The law makes sure that the process of condemnation is not abused in any way. However, assertion of rights is the responsibility of the owner of the property.

In case of a condemnation lawsuit, the parties that are involved in the legal process are listed below:

1. The condemning authority or condemnor. This may be a governmental body or even a quasi governmental body.
2. The property owner whose property has been taken up for public use.

When a government body attempts acquisition of an entire property or a part of it, he may negotiate with the property owner. In case the initial negotiations do not yield successful results, the government entity can exercise condemnation or eminent domain. Suffolk County is home to some of the best known law firms which has lawyers highly experienced in dealing with condemnation cases.

Do you want to file a lawsuit for eminent domain in Suffolk County? Jaspan Schlesinger LLP is one of the best law firms that can help you with your case!