Eminent Domain – Process to Acquire Land

Check your State and Local laws for procedures in your area. However, the basics remain the same:

1. Once government decides to “acquire” land for the benefit of the public good, they will attempt to negotiate with the property owner to purchase the property at the fair market value.

2. If by chance the property owner does not want to sell, the government will file a court action seeking to initiate eminent domain proceedings against the property owner.

3. After proper notification, the property owner must appear at hearing where the government will outline their need for the taking of the property, present their good faith efforts to negotiate with the property owner, and the property owner is provided the opportunity to present their case.

4. A successful ruling for government requires the fair market value to be established. Government obtains title for the property. If either party is not satisfied with the outcome of the proceedings, they may appeal the decision.

5. Through eminent domain, government may seek to obtain property for their use in the following circumstances:

A complete taking of the property
Only a portion of the property is taken – partial taking
A temporary taking of property to allow government to complete the project but the property owner retains title and possession of that portion of the property
Obtaining an easement or right-of-way for utility line construction