What property cannot be taken through eminent domain?

| Apr 10, 2019 | eminent domain

The reach of the government to take land through eminent domain may seem limitless. Eminent domain can deprive Florida residents of their ownership of land and other parcels of real estate. Readers may not be aware that eminent domain can apply to other types of property, like franchises and legal agreements, and that there are different bases on which the government can plead its eminent domain cases.

One of the grounds that a government may use to take property is that the property is a hazard to members of the community. When land or property is dangerous, then a government may condemn it and take it from its owner. Condemnation is a form of eminent domain.

A more familiar basis that a government may use to take land is public good. Eminent domain claims often move forward based on the need of a government to secure private land for the benefit of everyone. There are certain types of property, however, that generally may not be taken through eminent domain for any purpose.

One of those property types is cemeteries, which cannot generally be moved or relocated. Another property type that cannot be taken is gardens or orchards, since those agricultural uses often take time to become profitable and cannot be easily recreated. Finally, factories are often left out of eminent domain takings, although if they became hazardous, it is possible governments may seek to take and close them. More information about eminent domain should be sought from real estate attorneys.