Fighting Eminent Domain - How to Challenge Eminent Domain

At Denlow & Henry, we are experienced at challenging the government’s use of eminent domain (also known as condemnation). In most cases, challenging the power of eminent domain is an uphill battle, but the law requires that the use of eminent domain must meet certain requirements and a judge must approve it.

Challenging the use of eminent domain can be for a number of reasons, including:

• No public purpose. One restriction in the Constitution is that eminent domain may only be used when it is for a public purpose. When a taking is for a private use, there may be a chance to challenge the taking. This is especially true when the ultimate owner of your property in condemnation will be a private developer.
• Bad faith. The law requires that an owner is to be provided a “good faith offer” and that the agency or entity much negotiate in good faith. In some cases, this may create a reason to challenge power of eminent domain.
• Procedures. Statutes provide certain procedures, or conditions, that must be followed before a government or entity can resort to eminent domain. A failure to strictly comply with these procedures might create a basis to challange a taking.
• No necessity. When the condemnation of property is not necessary for the public project, eminent domain should not be granted.
• Lack of authority. In uncommon cases, a government agency with clear power of eminent domain for one purpose tries to take property for another purpose for which it power of eminent domain does not reach.
• Improper blighting. When eminent domain is used in order to clear property for new commercial development, the area to be developed must be properly “blighted.” Often, blight statutes are not properly followed. In those cases, it is possible to challenge the taking.
• Economic development. Using eminent domain for property that will be ultimately redeveloped is legal under Missouri laws. However, condemnation solely for economic development and, therefore, is illegal.
• Blanket easements. By statute, blanket easements that cover entire properties with no physical restrictions as to location are considered void. An owner’s attorney may argue that a utility company is seeking a “blanket” easement in violation of Missouri law.
• Other reasons. These are the more common reasons and situations where a challenge to an eminent domain taking might occur. However, every fact situation is different. There are many other ways to challenge eminent domain. Under federal and state law, property owners have been granted certain protections. An experienced lawyer in eminent domain is essential to helping you fight the government’s eminent domain action.

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There is no charge for an initial consultation to discuss your situation. Our telephone numbers are 314-725-5151 or toll free 888-566-5151. Ask to speak with an attorney in our office. You can also contact us by e-mail. All communications between you and the members of our firm are confidential.