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How can you fight an eminent domain order?

On Behalf of | Sep 29, 2023 | Real Estate

If you invested in property for your business, it has probably taken a lot of time, effort and money to get the property and any buildings on it as you want. The site and location will likely have become important to you, your customers and your employees, and being told that you have to sell up could be problematic.

Eminent domain orders can oblige you to sell your land to the government when they need it for a project in the public interest. For example, to route a new highway or erect a new hospital. In return, they must pay you a fair price.

You can challenge the need for the order

Unless you are dying to sell up, you should not take an eminent domain order lying down. For starters, some are given for projects that really are not of great importance to the public at all. Perhaps a developer who stands to profit has influenced government members to place the order when the project is unnecessary or not as beneficial as they claim.

Or perhaps there are alternative routes or areas of land that could be used instead of your piece of land, but someone has either not considered them, or does not like the fact it would cost a little extra.

You can challenge the price set

If overturning the order seems unrealistic, then your best bet may be to challenge the price offered. Explaining the full cost of losing that land including things such as the loss of customers and extra costs to employees who may have to commute further could help you build a case for an increased amount of compensation.

Learning more about how eminent domain works can help you understand your options to challenge one.