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Easements grant limited rights to use another person's property for a specific purpose, such as allowing a neighbor access to a private road or permitting a utility company to a fiber optic line.
Overview. Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
In Iowa, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
The Eminent Domain Trial Anyone with an interest in the property and the agency will have the opportunity to present evidence of value, and the jury will determine the property's fair market value. In cases where the parties choose not to have a jury, the judge will decide the property's fair market value.
The law allows an applicant to seek eminent domain authority to condemn all rights and title to a piece of land for an installation like an electric substation or a pipeline pumping station, but that request has rarely been made. Can my property be taken without paying for it? No.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
However, the Fifth Amendment to the U.S. Constitution stipulates: ?nor shall private property be taken for public use, without just compensation.? Thus, whenever the United States acquires a property through eminent domain, it has a constitutional responsibility to justly compensate the property owner for the fair ...