Eminent domain
The government's power to take private property for public use, paying fair market value. Comes up with roads, utilities, and sometimes redevelopment.
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Part 1 of 4
Why a seller cares
A road widening or a utility corridor can take part of a property, with payment at market value. A pending taking is a material fact, and a completed one shows up in the title record.
Part 2 of 4
A simple example
The county is widening the road in front of your home and has notified you it will take a ten-foot strip of the front yard.
| The stage | What it means for a sale |
|---|---|
| A notice of intent to take | A material fact to disclose; buyers price the smaller lot |
| The taking completed and paid | A recorded document and a new front line |
| A rumor with nothing filed | Something to check with the county before listing |
Eminent domain is public, paid, and disclosed. What it costs is the lot's new shape.
Part 3 of 4
What people get wrong
That the government can take property without paying. Payment at fair market value is the whole rule.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
In your Room, this word explains itself where it appears.
Your Room defines eminent domain in the step you meet it in, beside the document or the date it belongs to. Free to set up, with an agent or on your own.
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