Before an eminent domain proceeding can commence in court, the government agency wanting to acquire your property must show a "resolution of necessity"
To adopt a "resolution of necessity", the government agency must show:
- The property is necessary for the project
- The property is in the best location for the public
- Taking the property would result in the least possible harm to private individuals
- An offer to purchase the property had been made
If the government agency is able to show that taking your property is necessary, then the case will head to court. In court, a jury will determine what you should be paid for your land if you are unable to reach a settlement.
If a government agency wants to take your property through eminent domain, an attorney specializing in eminent domain law can ensure your rights are protected. A real estate lawyer can evaluate the government agency’s resolution of necessity to see if it is sufficient or not.