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Eminent Domain

Eminent Domain refers to the right of the government to acquire private property while compensating the property owner. See free previews and download over 36,000 legal forms at USlegalforms.com, your online source for legal forms.

Eminent domain is the government's right to acquire private property for public use. The governmental entity may be a federal, state, county or city government, school district, hospital district or other agencies. The taking of property may be with or without the permission of the owner. The Fifth Amendment to the Constitution provides that "private property [may not] be taken for public use without just compensation." The Fourteenth Amendment added the requirement of just compensation to state and local government takings. The eminent domain process usually involves passage of a resolution by the acquiring agency to take the property (condemnation), including a declaration of public need, followed by an appraisal, an offer, and then negotiation. The owner who believes that just compensation is not being offered for the taking of their property may bring suit against the governmental agency. However, by depositing the amount of the offer in a trust account, the government becomes owner while a trial is pending. Some of the public uses supporting eminent domain include schools, streets and highways, parks, airports, dams, reservoirs, redevelopment, public housing, hospitals and public buildings.

Relevant legal forms include:

Acceptance of Offer by Landowner from Condemnor - Eminent Domain
Eminent Domain - Quick Take Forms
Resolution Authorizing Filing of Eminent Domain
Petition for Special Court of Eminent Domain
Resolution Authorizing Filing of Eminent Domain Action
Affidavit - Eminent Domain
Summons in Eminent Domain

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