Eminent Domain is the right of government
to take your property for the common good.

Eminent Domain Information.com opposes the use of Condemnation in taking your property. We believe that every property owner should have the right to control their property. Until such time that legislators and the courts can rectify this abuse of power we are all faced with what to do during an Eminent Domain action.


Eminent Domain Information.com has assisted hundreds of property owners through this maze created by government. You may need legal counsel, but you can help yourself dramatically by understanding the process. Eminent Domain Information.com offers you a number of Eminent Domain Packages that will guide you step-by-step through the process as a Property Owner or as a Tenant. Our purpose is to take the fear out of Eminent Domain, and replace it with the knowledge necessary for you to successfully receive Just Compensation.

COMMON GOOD and JUST COMPENSATION

These two terms are commonly used in every Eminent Domain action. What is the COMMON GOOD? Government has decided that your property is critical to a project that will serve everyone “The Common Good”. Why is your property being taken and your neighbors ignored? Why is government taking a portion of your property and not the whole thing?  JUST COMPENSATION is the basic right of every property owner to receive fair market value for their property. Fair Market Value (FMV) is the price a ready, willing, and able buyer would pay for your property (Free Market). Governmental Agencies utilizing Eminent Domain establishes this Fair Market Value by hiring appraisers and then directing them to appraise your property utilizing government guidelines.  The Agencies' appraisal process creates a value that is NOT based on a ready, willing, and able buyer interacting with a ready, willing, and able seller creating an ARMS LENGTH SALE. The taking of your property by Eminent Domain is not an ARMS LENGTH SALE!!!

                                     Your Rights?

.Your Rights in Eminent Domain at the Federal level are found in the Fifth Amendment of the U.S. Constitution. It states ". . . No person shall be . . . deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without JUST COMPENSATION." The Fourteenth Amendment, added later, extends the concept to state governments: ". . . nor shall any state deprive any person of life, liberty or property without due process of law." Many projects contain some Federal Money. Why is this important? If there is Federal money in a project there may be cause to use Federal Acquisition Guidelines to defend your case. This broadens your ability to be successful in achieving JUST COMPENSATION.

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What should you expect and demand?    

  1. Full Disclosure of all the reasons why the project is necessary.
  2. The right to hire your own appraiser to establish a Fair Market Value (FMV) without government’s restrictive instructions.
  3. The right to challenge the agency's value in a court of law.
  4. The right to legal counsel.
  5. The right to prove damages to your property as a result of the project.

Getting Started!!

Eminent Domain/Condemnation is a confrontational process. Government is taking your property! You must have a complete record of every meeting, phone call, and all the material you receive to defend yourself and the value of your property. If you decide that legal counsel is necessary this record will be very valuable. You will need to:

  1. Purchase a hand held recorder and record every conversation. This recording is being done to assist you in remembering the volume of material involved in your case. Always inform the party that they are being recorded. If they object, simply record their name and the reason why they object to being recorded.
  2. Start a file where every piece of material you receive can be saved. Organizing your thoughts is critical. Mark each piece with the date and time you received it, as well as the name of the person delivering it.
  3. Make a written record of every discussion. Record the person's name, titles, and the purpose of the meeting/discussion.  Record whether the people are employees of the Agency taking your property, or a Consultant hired by the Agency.
  4. Get the purpose of their contact, their telephone numbers, the date and time of their call, and addresses of their offices.
  5. Print copies of all emails and letters and place them in your file.

What is government taking:

You're Eminent Domain case will be explained in detail within one of our three primary packages:

Place your curser on the package title for explanation.

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Each of our Property Owner Packages contains the following Examples and Explanations you will need to understand your Eminent Domain case:

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  • Eminent Domain terms and definitions (glossary)
  • Plan letter/Public Information meeting
  • Accompaniment of Appraiser
  • Brochure
  • Appraisal Report
  • Offer Letter
  • Highway Plans
  • Contract of Sale and Purchase
  • Title Report (comments)
  • W-9
  • Deed
  • Closing Checklist and Instructions
  • Closing and Settlement Statement

Additional forms and explanations that may be required:

(Place your cursor on the package title for explanation.)

Do I need an Attorney or Appraiser?

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**We want to stress that these cases can last for years.
The more detailed you are the better your defense will be!!