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Your Rights

The Government Has Rights, But You Do, Too

Eminent domain gives the government the right to acquire a citizen’s private property. This is also sometimes called “condemnation.”

Does this leave you without rights? Absolutely not. One of your rights under the Fifth Amendment of the United States Constitution is that you get “just compensation,” or fair market value for your property—and payment for substantial damages.

But what other rights do you have?:

  • When relocation benefits are required to be paid to businesses:
  • If you are a legal business located on the property at the time of the offer for the property, you are eligible for relocation benefits. This includes the landlord.
  • You have the right to plan your relocation based on the use of any listed relocation benefits that apply to your business.
  • You have the right to a minimum of 90 days notice to vacate.
  • You have the right to have help from an eminent domain consultant.
  • You have the right to appeal any determination made by the public agency.

Martyn Daniel Eminent Domain Specialist