Eminent Domain Proclamation

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The Eminent Domain Process

Eminent domain represents the power the government has over all property within the state. In particular, it refers to the power the government has to procure property for public use. Public and private companies, typically utilities, are given the power of eminent domain in some cases, so that they can procure properties to run telephone, power, water, or gas lines.

The process that must occur in order for government to proclaim eminent domain to assume control over the private property is as follows:

• The government attempts to purchase the property from the owner at fair market value.
• If the owner of the property does not want to sell the property, the government exercises the right of eminent domain by filing a court order, and serves or publishes notice of the hearing as required by law. A hearing is then scheduled.
• During the hearing, the government presents evidence that it attempted to purchase the property at fair market value, but that the parties involved could not agree. The government is also required to show that the property in question was intended for public use, as defined by law. The property owner is allowed to respond to the government's claims.
• It the petition submitted by the government succeeds, proceedings are held to ascertain the fair market value of the property in question. Any funds paid are first used to pay mortgages, liens and ...