Some of you in McHenry County may have recently received a notice that the government is going to be taking part of you property through something called “Eminent Domain.” Most likely because they are widening streets along side the property in question.
Most of you probably remember, especially if you are a fan of gangster movies, that the Fifth Amendment to constitution protects you from self-incrimination. But it also protects you from having your property taken by the government without just compensation. It also has to be for a “public use.” This power of government is referred to as “Eminent Domain”.
In Kohl v. United States, 91 U.S. 367 (1875), the Supreme Court held that the government may seize property through the use of eminent domain, as long as it appropriates just compensation to the owner of the property. In Loretto v. Teleprompter Manhattan CATV Corp. 458 US 419 (1982), the Supreme Court clarified that when the government engages in a taking and implements a permanent physical occupation of the property, it must provide the property owner with just compensation, even if the area is small and the government’s use does not greatly affect the owner’s economic interest.
In Kelo v. City of New London, Connecticut, 545 U.S. 469 (2005), the Supreme Court held that general benefits which a community would enjoy from the furthering of economic development is sufficient to qualify as a “public use.”
Practically speaking once Govt. decides to take property there probably isn’t a lot you can do to stop it. There are attorneys that specialize in this line of work that can assist you in arriving at a fair price. Other option is to join with neighbors and collectively bargain with state or municipality through a shared attorney or agent. I have seen people or businesses individually negotiate fair prices with govt. as well.