Why Does the Government Have the Power of Eminent Domain?
Local, state, and federal government agencies have the power of eminent domain for the purpose of strengthening the public infrastructure. However, some argue that eminent domain has become a tool used by government agencies to transfer private property from one owner to another. What Alternatives Exist to Eminent Domain?
Throughout the United States, local governments, developers, and landowners have found alternatives to Eminent Domain. These alternatives include:
- Negotiated Purchases: The private parties may meet and contract a sale of the property in question without the intervention of any government agencies.
- Leases: The private parties may meet and agree to a lease where the existing landowner rents the property to the other party without the intervention of any government agencies.
- Joint Ventures: A joint venture provides the landowner the opportunity to make a greater profit by participating as a co-developer. This can be completed without the intervention of any government agencies.
- Land Swaps: The developer can purchase another property which the landowner expresses interest in and then swap the properties. This can be completed without the intervention of any government agencies.
Do I Need a Lawyer?
If you are facing the prospect of your land being taken by eminent domain, an attorney experienced in eminent domain law can advise you of the applicable laws in your area. It is likely that an alternative to eminent domain exists. Your lawyer can help you pursue those alternatives so you are justly compensated. |
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