Eminent Domain
Candlefocus EditorIt is important to remember that eminent domain is a power granted to the government and not to individuals. Therefore, any attempts to unilaterally confiscate someone’s property without the support of the government is illegal and could result in criminal charges.
Essentially, the government seizes property owned by private citizens and organizations with the goal of using the land or resources for public benefit. Private owners or individuals must be justly compensated for the seizure of their property and when necessary, the courts may even determine the amount of compensation due.
Sometimes, private parties can obtain authorization to use eminent domain, as long as they can provide evidence of a “public purpose” they plan to use it for. Despite this, critics of the system question the fairness of the process and feel that government agencies are too eager to use their power of eminent domain to force the sale of private property for their purposes.
On a real estate development perspective, the ongoing trend of gentrification, in particular, has become a catalyst for eminent domain seizures, as city governments move to acquire and redevelop properties for condo and mixed-use high-rise establishments in areas previously affordable running neighborhoods.
The legal process of eminent domain involves a formal condemnation action from the government, which is usually a formation of a public works commission or land use committee to survey and identify a particular property for potential public use. The affected owner can challenge the action through the court system, however, it is not always successful and in many cases, their challenge becomes a long and costly process.
In short, eminent domain is a powerful tool given to governments. It is the right of governments to acquire private property in exchange for fair compensation when it is used to benefit the public. Despite the power and potential legal implications, the use of this right must be justified and follow legal processes and procedures to ensure fairness and avoid taking advantage of any individual or party.