How do I respond to an Eminent Domain Lawsuit?

What is the Eminent Domain Process?

The eminent domain process begins with an environmental review, negotiations with property owners, a hearing before a public entity, and then eventually, an eminent domain lawsuit. After some preliminary negotiations, a public entity will generally hold a hearing on something called a “Resolution of Necessity.” This is a formal determination by a governmental entity that a piece of private property is required for the construction of public work. Following the hearing on a resolution of necessity, the governmental entity will file a lawsuit in eminent domain.

What is an Eminent Domain Complaint?

An eminent domain complaint is a formal document that begins the legal process for the government to take private property for public work without private consent. The “Complaint” is a lawsuit where the governmental entity specifies what is necessary for its project, why it is necessary, and who the parties involved in the lawsuit will be.

What do I need to do?

Generally, all lawsuits require a formal response in court within 30 days. The failure to file a formal response within the required time limits can lead a governmental entity to take a “default” on the non-answering party. As such, it is very important that a private person whose property the government is seeking to take file a formal response that satisfies the necessary legal requirements. In another post, this blog will address the requirements for that formal response.

Template for Response to Eminent Domain Lawsuit

While a template of a response to an eminent domain lawsuit is attached below, this is just the starting point. Any property or business owner will benefit from the assistance of a well-versed eminent domain lawyer. As such, our firm does not recommend using this form without the assistance of competent counsel.

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