Challenging the Government’s Right to Take Your Property
Even though most government agencies have the power of eminent domain, on occasion, a successful challenge to the government’s right to take a particular property for a particular project can be made. Such challenges, however, are the exception, not the rule, and usually result only in a delay, rather than outright prevention of the government’s right to take.
Typical challenges to the right to take include failure of the government to follow the proper procedural steps toward eminent domain. It must be remembered that the circumstances allowing a successful challenge to the right to take are rare. Each case must be evaluated on its own facts and experienced eminent domain counsel should be consulted. Seeking compensation for the taking, rather than challenging the government’s right to take, will be the property or business owner’s usual remedy.
