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What are the limitations of eminent domain?

On Behalf of | Oct 19, 2022 | Eminent Domain

Eminent domain allows the government to take your land for public use. While the entity must pay you for procuring your property, you have little say about the sale going through.

Still, you do have some rights. You can try to fight it using the limitations on eminent domain.

Due process

Under the law, you have the right to due process. What this means is that you can object and go to court. Through this process, you will force the government to prove it has a right under eminent domain to take your property. If the court finds in your favor, then you get to keep your land.

Public use

The only reason why the government can use eminent domain to take your property is if there is a compelling public use reason. They will have to show what the property will become once they take over and how this is beneficial to the public. They also need to show that not having the land would create hardship or cause issues with the project for which they need it.


The government must pay you for the land. The amount paid must be fair and reasonable. They cannot offer you a low amount or force you to agree to an amount that is not aligned with the current real estate market.

Eminent domain may seem like a blank check for the government to take land in exchange for a little money. But that is not the case. Generally, the government will not attempt to take your land unless it is positive it has met all the requirements, but you should still exercise your rights and ensure that the situation ends as fairly as possible for you.