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Posts tagged "Eminent Domain"

Receiving just compensation for a taking under eminent domain

The Fifth Amendment to the United States Constitution allows the government to take private property and convert it for public use, but they must provide just compensation to the property owner. This process of government acquisition of private property is referred to as eminent domain. The property that is the subject of the taking is known as the condemned property.

What constitutes a 'public use' in eminent domain law?

The federal Constitution as well as Pennsylvania's laws, protect the rights of citizens to enjoy their private property by using it in a way they see fit. Of course, there are some exceptions to this general principle, and one of those is the eminent domain exception.

How we can help if the state wants to build a road over your land

In some sense, eminent domain proceedings with the state can be frustrating. For example, as a previous post discussed, while the state or a local authority has to go through several procedural steps, they ultimately have the right to take a persons' private land so that they can build or improve a road. In other words, it is usually quite difficult for a landowner to stop the plans from going forward.

What happens when the state wants to build a road on my land?

Like other government agencies in Pennsylvania, the Pennsylvania Department of Transportation has the power to exercise eminent domain, meaning it can take the property of a Philadelphia resident and apply that property to a public purpose, such as building or improving a road.

Property owners disputing pipeline ruled against in Pennsylvania

Property takings are significant concerns for property owners, which is why property owners should be familiar with the process. A Pennsylvania court recently ruled that a natural gas and liquid pipelines company is a public utility and is able to use eminent domain in the construction of a disputed pipeline in Pennsylvania.

Concerns mount that private property is increasingly threatened

As recently discussed in this blog, there exist protections available to property owners in Pennsylvania and elsewhere when the government seeks to take their property through the eminent domain process. A concern is mounting that across the country more and more property owners are watching their property being taken for private use. The principle of eminent domain in the United States dates back to the 1800s. It allows the government to take private property for a public use. Public uses are commonly highways and railroads but could also include such public uses as post offices.

Understanding protections in eminent domain situations

When the government attempts to take property from a property owner it can be an understandably significant and an alarming concern for that property owner. Property owners may have concerns that their property is being unfairly or unjustifiably condemned or that they are not receiving just compensation for their property. Property owners may be unfairly impacted by condemnations, unfair zoning schemes and condemnation actions.

Pennsylvania pipeline implicates property owner rights

The planned construction of a natural gas pipeline through central Pennsylvania makes it essential for affected property owners to understand their rights. The pipeline will pass through 10 Pennsylvania counties. Property owners will be notified that their lands may be taken by the government under the doctrine of eminent domain, which allows for the taking of private lands for public use provided the owner is paid just compensation.

Eminent domain: what is a fair price for property?

Pennsylvania property owners may be surprised to one day find the government requiring them to relinquish their property for some sort of public purpose. Per eminent domain laws, the government has the ability to take private land in order to make improvements to streets, install power lines and sewer systems and for other public purposes. This taking is called "condemnation." However, in order to exercise this right, the government must fairly compensate the private individual who owns the property.

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