Homeowners can challenge eminent domain compensation
“Q: My state government has plans to expand our rapid transit railway system, and many of us are concerned that they will take our houses to complete the project. What is the law on this? Do they have the absolute right to do this?
A: You are referring to a concept called eminent domain, also known as condemnation. The short answer: If the taking of the property is for a public use, such as road or a rail transit, the government has the absolute right to take your house or even your business.
The Fifth Amendment states, in part: “nor shall private property be taken for public use, without just compensation.” And the 14th Amendment applies that same concept to all states. That means that while you have very little chance to fight the taking, you can challenge the amount the government initially offers you. You have the right to a full jury trial to have the court determine what is “just compensation.””
Kass, Benny. Chicago Tribune 3 May 2014.
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