Share this infographic on your website! Copy all the text below:

Eminent Domain

From 1998 to 2002, more than 10,000 properties across 41 states faced condemnation — only for the land to be handed to private developers

What Is Eminent Domain?

• Allows the government to seize private property without the owner’s consent
• Requires just compensation
• Must be claimed for public use
• Grounded in the 5th Amendment
• Public use includes
• Constructing roads & freeways
• Municipal buildings & schools
• Preservation of historic sites
• Private use that benefits the public
• Railroads
• Utilities
• Renovation of “blighted” sites
• Just compensation requires payment at the current market value
• Many property owners can negotiate a higher price — with help from legal counsel and expert appraisers
• In Chicago, 75% of owners settle at 100-150% of the original offer
• How Often Is Eminent Domain Used?
• Most states don’t report the use of eminent domain — making it difficult to track
• In 2020, Texas reported 224 cases of eminent domain being employed by the government or private entities
• 5 agencies fail to meet state requirements to report their use of eminent domain
• In 2019, Missouri’s Department of Transportation acquired 608 parcels of real property
• 430 resolved by negotiation
• 178 donated
• 2 required a condemnation lawsuit
• The state reported 54 condemnation filings

“Our cities and states have become like real estate speculators, securing land owned by their own citizens on behalf of politically connected private interests”
— Scott Bullock, Institute of Justice

Abuses of Eminent Domain

• Famous Cases Of Eminent Domain Abuse
• Las Vegas, NV — mid-1990s:
• A widow inherited her husband’s commercial building, intending to use the rent to fund her retirement
• The city claimed the area was blighted and seized the property after the owner failed to attend a hearing she didn’t know about
• Toledo, OH — 1999:
• The city declared a neighborhood of 83 well-maintained homes and 16 businesses were blighted to secure land for a Chrysler plant
• After granting Chrysler millions to build the plant-based on a promised to create 5,000 new jobs, only 2,100 people were hired
• Hurst, TX — early 2000s:
• The city used eminent domain to remove 127 homeowners, making way to expand a private mall
• Only a handful resisted the offers and filed lawsuits, all were overruled and forced from their homes
• New London, CT — 2005:
• The city’s use of eminent domain to seize property for a private office building was challenged in the U.S. Supreme Court
• The court determined that public use could include projects that would “create jobs and increase tax revenues”
• Dakota Access Pipeline — 2019:
• The Iowa Supreme Court rejected the 2005 Supreme Court decision, saying the economic development did not justice public use
• However, the court argued that the pipeline served the public more impactfully than an office building
• The Impact Of Eminent Domain Abuse
• In areas where eminent domain was used to obtain property for private development residents are more likely to be from racial minorities, poorer, and less educated

Eminent domain used for private development

Surrounding areas

58% minority residents

48% minority residents

$19,000 median income

$23,000 median income

25% living in poverty

16% living in poverty

34% less than a high school diploma

24% less than a high school diploma

9% bachelor’s degree

13% bachelor’s degree

58% renters

45% renters

• From 1949 to 1963, urban renewal displaced at least 177,000 families and another 66,000 individuals
• Only 48,000 new housing units constructed in the same period
• Just 20,000 were low-income housing
• 78% of those displaced were racial minorities

Property owners are rarely successful in stopping the government from taking their land — But that doesn’t mean you’re powerless

When The Government Wants Your Land In Kentucky

• What To Expect
• Property owners will receive a notice of intent by mail
• An appraiser will assess the size and condition of the property
• A purchase offer is made based on the appraised value
• Before accepting an offer consult a lawyer for help understanding the process
• Consultations are usually free
• Negotiating A Better Price — With Help From Legal Counsel
• Most owners are in a good position to negotiate a higher price
• The property owner and counsel review appraisal and offer to determine
• Is the appraisal an accurate accounting of property?
• Does it reflect the property’s highest value and best use?
• Can the property be rezoned to increase its value?
• How does the offer compare to comparable sales?
• If only part of a property is claimed, does it reduce the value of the rest?
• Are your neighbors’ properties needed for the project as well?
• If Negotiations Fail
• If you cannot agree on a price, a condemnation lawsuit will follow
• A jury will determine the amount of just compensation owed
• During proceedings, you can contest the sale by presenting expert testimony
• You may be able to prove the project doesn’t need as much land as estimated or that the appraised value was inaccurate

Know Your Rights Before You Give Up a Property

If you need to speak to a Kentucky eminent domain lawyer to understand you rights, call now at (859) 630-0666, connect with us via our live chat or email us using our FREE online case submission form here, and we can begin advocating for your rights as a landowner today.