Does the government or condemning authority have the power to take my property?
It depends.
While a specific governmental body or public utility may have the power of eminent domain, that does not necessarily mean that it is authorized to take your specific property or to take your property at this time. A governmental body or other entity may exercise the power of eminent domain only if a legislative body has specifically authorized it to take property. Once the legislature grants a condemning authority the power of eminent domain, the condemning authority may exercise the power only in the manner and for the purposes provided by the legislature. A condemning authority must satisfy certain prerequisites and conditions, and comply with various statutory requirements before it is authorized to exercise its power of eminent domain. Although a condemning authority possesses the power of eminent domain, it cannot exercise that power on property owners until it satisfies all the appropriate legal requirements.
If you do not want your property taken, only the court can require that your property be condemned. If, for example, a condemning authority claims that it needs a portion of your property for its project, it may not take your property unless you give your consent or the court enters an order allowing the taking.
If you do not consent to the condemnation, the condemning authority must prove to the court that your property is reasonably necessary for a permissible public use. The burden on the landowner challenging a condemnation is very high. While condemning authorities have most often prevailed in litigation to take property, there have been several occasions in which the courts have denied the condemning authorities the right to take the owner's property.
It depends.
While a specific governmental body or public utility may have the power of eminent domain, that does not necessarily mean that it is authorized to take your specific property or to take your property at this time. A governmental body or other entity may exercise the power of eminent domain only if a legislative body has specifically authorized it to take property. Once the legislature grants a condemning authority the power of eminent domain, the condemning authority may exercise the power only in the manner and for the purposes provided by the legislature. A condemning authority must satisfy certain prerequisites and conditions, and comply with various statutory requirements before it is authorized to exercise its power of eminent domain. Although a condemning authority possesses the power of eminent domain, it cannot exercise that power on property owners until it satisfies all the appropriate legal requirements.
If you do not want your property taken, only the court can require that your property be condemned. If, for example, a condemning authority claims that it needs a portion of your property for its project, it may not take your property unless you give your consent or the court enters an order allowing the taking.
If you do not consent to the condemnation, the condemning authority must prove to the court that your property is reasonably necessary for a permissible public use. The burden on the landowner challenging a condemnation is very high. While condemning authorities have most often prevailed in litigation to take property, there have been several occasions in which the courts have denied the condemning authorities the right to take the owner's property.
