The right to private property is a fundamental liberty of American citizens. However, the power of eminent domain can be used to take this freedom away from many landowners.
Keep reading to learn more about the power of Eminent Domain and how it may affect you.
Eminent domain is the power of the government to take private property for public use. It is a concept that dates back centuries and is part of the Fifth Amendment of the United States Constitution and Article I, Section 11 of the Virginia Constitution. This authority allows the government to acquire private property for public use, but only if it pays fair compensation to the property owner.
When a government exercises its power of eminent domain, it can take possession of a person’s land, either through a purchase agreement or by force. It can then put the land to public use, such as creating a highway or building a school.
The purpose of eminent domain law is to allow the government to construct infrastructure projects that may benefit the public at large. When the government uses eminent domain, it is required to pay just compensation.
The Supreme Court first discussed the concept of eminent domain in 1876. Since then, the court has held numerous times that the power of eminent domain is inherent to the American government, but it must still be applied within certain limits.
In 2005, the Supreme Court heard the case of Kelo v. New London, which involved a controversial use of eminent domain. The City of New London sought to seize several homes to make way for a development project expected to generate more jobs and tax revenues for the city. The homeowners argued that the city had no right to take their property, but the court sided with New London, ruling that the government did have the power to take their property for public use if it paid fair market value.
The Kelo ruling sparked a fierce backlash from those who felt it gave governments too much power over citizens’ private property rights. As a result, many states passed laws to limit the use of eminent domain and protect citizens from abuse of power by local governments.
In Virginia, the response came in two forms. In 2007 the General Assembly passed a statutory restriction on using eminent domain power for private developments. In 2012 the citizens of Virginia passed the Eminent Domain Property Rights Constitutional Amendment that enshrined these and other protections in the Constitution of Virginia. Waldo & Lyle helped lead the fight for property owners to benefit from these important changes and continues to advocate for additional protections on behalf of all of Virginia’s property owners.
The Eminent Domain Property Rights Amendment protects property owners against eminent domain abuse in a variety of ways. The Amendment helped strengthen existing protections to ensure that landowners are not unfairly treated during the eminent domain process.
Under Virginia law, governments may only use eminent domain for truly public uses and may not take more private property than is necessary for those uses. Property owners must receive just compensation, which includes the value of their property actually taken, damages to their remaining property and, in some instances, compensation for lost profits. The measure of damages to the remaining property is the loss in value it may experience due to the public use project.
Property owners have the right to challenge the government’s offer of just compensation and to seek full compensation for the losses caused by the taking of their property. Property owners may also challenge whether the government takes more property than is necessary to complete the project.
With the help of Waldo & Lyle’s experienced eminent domain lawyers, property owners can ensure their rights are protected in the face of infrastructure projects or other related government actions.
At Waldo & Lyle, we understand the importance of protecting your rights. We are committed to providing the highest quality of eminent domain representation to all of our clients, including:
If your property is at risk of being taken by the government, you may benefit from legal representation by experienced eminent domain attorneys. Waldo & Lyle can help you understand your rights and ensure that you receive the full protection of the law and compensation to which you are entitled.
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