Eminent Domain, the Fifth
Amendment & Property Rights
Even though you own
some land, you may not be able to do whatever you
want with it. There are zoning laws, health and
safety regulations, and other limitations on your
property rights.
The 5th
Amendment to the Constitution of the United
States protects property rights, but there are
limitations. After all, the Amendment states
that the government may not take private
property “for public use” without “just
compensation”. But what is “public use?" There
have been many U.S. Supreme Court decisions on
this issue -- which shows how complicated and
touchy the issue can be. The same is true for “just
compensation." What exactly is it? How is it
calculated? In addition to the U.S.
Constitution, each State has its own version of
this limitation on the State’s ability to take
private property. And these limitations vary
depending on the State and the case.
The law provides various ways to protect your
interests in your property. But, if you don’t
know what they are, or if you don’t do exactly
what is required, you could lose your rights.
Even if you do, you may have to fight to enforce
your rights.
To learn more about our full range
of services
click here.
If you have a question, call us at 703-764-9080 to speak with
one of our attorneys.
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