Eminent Domain
Eminent domain is the power of the government, and on a more limited scope certain private entities, to acquire private property for public use. The 5th Amendment to the United States Constitution states: "No person shall be held to answer for a capital, or otherwise infamous crime,......nor shall private property be taken for public use, without just compensation." The New Jersey Constitution, Article 1, paragraph 20 states: "Private property shall not be taken for public use without just compensation."
New Jersey Statutes implements its constitution through laws that require:
- a written offer of compensation; and
- a disclosure of how the offer was calculated.
Property owners also have the right to obtain their own appraisal to refute the government's value. In the event a negotiated settlement cannot be reached with a property owner value and compensation are determined by a group of commissioners and/or a trial within the superior court.
The Taylor Law Firm partners with well qualified appraisers, engineers and land planners and is equipped to litigate on behalf of client’s interests. The firm is experienced in handling eminent domain matters of all property types whether it is residential, commercial, industrial or agricultural. Contact Taylor Law Firm today if you have received an offer to purchase or fear your property’s acquisition through eminent domain.
- 5th Amendment, United States Constitution
