What Is Eminent Domain?
Background
It is not uncommon for New York residents to see their property subjected to the eminent domain process, especially if their property abuts main thoroughfares or is adjacent to public land. However, even those who own property that seemingly might never be in the area of a proposed public project could be subject to eminent domain for utility easements, for example, or even drainage or right-of-way easements.
Those who are presented with this process for the first time may ask: What is eminent domain?
Table of Contents
Basics of Eminent Domain
How does the government or a utility company have the right to take a person’s property rights?
The concept of “eminent domain” comes from the U.S. Constitution’s Fifth Amendment, which grants the government the right to take private property – but only when the taking is going to be for a “public purpose” and only when the property owner receives “just compensation.” Many privately owned utility companies also enjoy the right to invoke eminent domain because of the obvious public purpose that is served by those companies.
But, our readers probably notice some subjectivity in the concept. What is a public purpose? What is just compensation? As our readers can probably imagine, property owners and the government or utility companies oftentimes disagree on the merits of meeting these requirements.
If your property is subject to eminent domain in New York, it is time to educate yourself. While it is oftentimes a steep uphill climb for property owners to challenge public projects that invoke the power of eminent domain, you may have options to consider.
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