The Short answer is Yes. But you’re entitled to “just” compensation. Eminent domain is defined as the right of a government or its agent to seize private property for public use in return for compensation. This governmental right is supported by the Fifth Amendment of the United States Constitution.
Owning property is considered to be a fundamental right. The notion is as old as our nation itself, and it is a right that many have fought and died for. But the distinction between our private property rights and those of our government can get muddled, especially as it relates to eminent domain.
When the government employs eminent domain, it generally deems the property in question, to be apt for public use and involves erecting something that is badly needed and that everyone will benefit from, such as a bridge or a medical facility.
In Ohio, the eminent domain is multifaceted and can be very unpredictable, especially in light of the unique facts surrounding whatever circumstances that a governmental agency faces.
The time it takes to maneuver the eminent domain process could be months or even years before the land is acquired. If the statutory process is started late in the project's timeframe, it can prove to be difficult and expensive. Negotiation is used to remedy the bulk of these property acquisitions.
Taking a structured approach that conforms to the statutory eminent domain process will allow the public entity in acquiring the land to do so lawfully and in the shortest possible time frame.
While the thought of the government seizing your private property can be frightening, fighting back isn't necessarily a lost cause.
Littlejohn Law is an experienced Real Estate Law Firm. Schedule a Consultation to speak with a member of our legal team and have your questions about eminent domain answered.