How to Fight Eminent Domain - Simple Steps that Could Save Your Property

Confusing documents, a maze of government officials and dizzying approval processes can deter people from fighting eminent domain, but several steps can be taken to ensure a successful battle for your property.

Eminent domain is the power of the government, granted by federal and state constitutions, to take private property for "public use." It has been used to take land for schools, public buildings and roads and has been credited with making the construction of the Interstate Highway System possible.

However, some governments have also begun using eminent domain as a way to redevelop neighborhoods. Businesses and homes are declared "blighted," seized and sold to private corporations, who then build new businesses or housing communities. Old residents are given "just compensation" and asked to move on.

Citizens have several opportunities for recourse, however. Below is a step-by-step guide to fighting eminent domain.

1. Gather as much information as you can. If a reporter has done a story on the issue, contact them to get names and numbers of people involved. Talk to your town's planning department or redevelopment agency as well as members of the city council.

Collect everything you find in a file and keep important documents such as studies conducted of your area, transcripts of meetings and development plans. You can usually get these documents from your city council's web site or office. Also file away notes from any meeting you have with city officials, stamped with the date they occurred.

2. Rally the opposition. If it affects your neighborhood, talk to your neighbors. If it affects your business, contact your customers and suppliers. Organize a meeting for everyone opposed and agree to establish a citizen's group.

It may help to contact policy groups that might be interested in your cause, too. If your area is historic, talk to preservation societies. If you own a business, contact the National Federation of Independent Business at nfib.org. The more you broaden your base of support, the better chance you have at succeeding.

3. Contact a lawyer who specializes in fighting eminent domain; visit http://ownerscounsel.com to find one near you. Ask the lawyer about state and local eminent domain laws as well as the process for fighting condemnation. You can also find your state's laws on its web site, at the library or at www.findlaw.com/11stategov.

Make sure you meet all deadlines for protesting condemnation of your property.

4. Make the situation a public relations nightmare for your city. Use the local media by writing letters to the editor, op-ed columns and buying ads. Hold rallies or protests and issue press releases so reporters will cover them. Start a petition and send it to the city council and the press, create a web site - anything to draw attention to your cause.

5. Never give up. Use every public hearing to voice your opposition and offer proof as to why your property should not be seized. Work with your lawyer to meet all deadlines for filing complaints, and, if necessary, be prepared to go to court. If you do finally decide to sell out to the city, make sure any offers of compensation are in writing.

SOURCES:
www.castlecoalition.org
www.ij.org