Eminent Domain - Part 1 of 4: Limits on the Power of Eminent Domain by Jeff L. Todd


This article first appeared in Oklahoma Farm Bureau Legal Foundation, February 12, 2008.

“Hello landowner, I work for a company hired to purchase property for a public improvement that is scheduled for your area. It looks like your land is in the path of that improvement. We had your land appraised and need to discuss purchasing some land from you at the appraised price. *** I?m sorry you don?t agree with the appraisal; it was prepared by an expert. *** I can?t imagine how this improvement could possibly damage the rest of your property. *** Please understand if we can?t reach an agreement on price, I will have to turn your file in for CONDEMNATION proceedings. I?m sure you don?t want to experience the hassle and costs of litigation.”

We hope you have not experienced a similar conversation, but if you own property there is a good chance you will be put in a situation where you are forced to negotiate the sale of all or part of your property – under threat of condemnation. If so, you need to understand your rights in order to respond. This article is the first in a series of four articles. This article will identify some of the limits on the power of eminent domain. Following articles will address the procedure that a condemning authority must follow in order to lawfully take private property, the important steps that a landowner should take when given notice that his property is being condemned, and the course of action a landowner should take to ensure that he receives just compensation for the taking.

Article authored by McAfee & Taft attorney: Jeff L. Todd.

Please see full article for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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