In order to take property from an individual property owner, a governmental entity ought to satisfy two specifications. Necessity is the test that determines the amount of property necessary to adequately undertake the public purpose.

Public use, blighted property and the necessity requirement

The term blight was initial addressed in eminent domain law back in the 1950′s.

Right now, a great deal of the controversy regarding the public use definition stems from the concept of “blighted” property. This poses the ultimate question, “Is the property really blighted”.

The term blight has produced a perpetual battle ground in eminent domain law, precisely exactly where the heart of the battle is fought in between property owners, who really feel their property is not blighted, and condemning authorities. Governmental entities will overuse their power to physical exercise eminent domain and try to deem a lower grade neighborhood as blighted in order to acquire the property and have the region redeveloped in order to improve their tax base.

The case of Kelo v. City of New London, Connecticut most notably questioned the definition of “public use”, and regardless of regardless of whether or not property could be acquired by way of eminent domain for the sole purpose of economic get, even if the property was not blighted.

As a property owner, you have the perfect to challenge the government’s authority of eminent domain and this is the only way to cease the taking from occurring.

Eminent Domain and the Government’s Suitable To Take Property