Understanding Eminent Domain: How the Government Can Take Private Property

Imagine owning a piece of land your family has cared for many years. One day, your town tells you they need your property to build something for the public—like a road, school, or water system. You don’t want to sell, but the town says they have the right to take it. How is that possible? This process is called eminent domain, and it allows the government to take private property if it’s for public use—but they must pay fair market value for it. Eminent domain is a powerful tool, but it also comes with rules that protect property owners. Let’s look at a real case to understand how it works.   The Case of Luckey, Ohio In 2023, the Village of Luckey wanted to build a public water system for its residents. Right now, the people in Luckey rely on private wells, but the village wanted to create a safe, reliable water supply for everyone. To do that, they needed to buy a piece of land that was an old stone quarry, which could be used as a water source. The village offered the landowners—T&S Agriventures, LLC—$525,000, which was $90,000 more than the appraised value of the land. When the owners refused the offer, the village started the eminent domain process.   What Are the Rules for Eminent Domain? For eminent domain to happen legally, the government (or a city, like Luckey) must prove:

1. The property is needed for a public purpose.
   

   1. In this case, providing clean water to residents was considered a public benefit.

2. The owners receive fair payment for the land.
   

   1. The Village of Luckey got an official property appraisal and made an offer based on that value.

3. The process is done in good faith (fair and honest).
   

   1. The village followed the legal steps, including offering more than the appraised value and holding hearings before moving forward.

T&S Agriventures, LLC fought the decision in court, saying the village didn’t really need the land and didn’t have a solid plan. But the court ruled in favor of the Village of Luckey, agreeing that a water system was a reasonable public project and that the village had followed the law properly.  

What Does This Mean for Property Owners?

Eminent domain can be frustrating, especially if you don’t want to sell your property. But landowners do have rights, and they can challenge an eminent domain claim if they believe:

1. The project isn’t truly for public use.

2. The government is not offering a fair price.

3. The process is being done unfairly or in bad faith.

What Can You Do If This Happens to You?

If you ever face an eminent domain situation—whether it’s from a city, county, or even the state—you don’t have to go through it alone. An experienced attorney can help protect your rights, make sure you get fair compensation, and even challenge the government’s decision if needed.   At EQUES® Law Group, we understand how stressful eminent domain cases can be. If you have questions about property rights, land use, or government takings, contact us today to discuss your situation. We’re here to help.   Call EQUES® Law Group today to protect your property rights!