The government is allowed to use eminent domain to take over property and compensate the land owner. However, there is no way for someone living on private property to take over other property that is not technically owned. Because of this, it is difficult for people to buy new properties because they get caught up in a whirlwind of paperwork and local statutes.
What Is Eminent Domain?
Eminent domain is the process that the government uses to pay landowners for land they take for development or national parks. This process has been used to build highways, start parks, and develop. Private land owners have to go through something called condemnation eminent domain, but it works differently than you think. The government can make you do just about anything, but a private land owner has to take precautions when claiming a plot.
Do You Wait To Get Sued?
The condemnation eminent domain process usually happens when someone takes over land only to find out later that someone has a claim on it. They wait around to be sued, and they can defend their claim to the property. This is a difficult way to run private property, but it often happens because people just do not know if there are claims on the land.
Hire A Lawyer
It is smart to hire a lawyer to look into property claims around a piece of land, and the lawyer can do an exhaustive search of any claims that might be on the land. If there are no claims on the land, the owner can take over the land while waiting to be challenged. They need to keep their lawyer on retainer until such time as they need representation. Some land owners might never need their lawyer, but others will.
How Much Land Can Be Taken?
The process of eminent domain and condemnation could take over any plot of land you want. If you have several acres that abut your own property, you can use this process to take over. If you have only a small plot, the same process applies. It all depends on if there are claims to the land. Again, you need to have a lawyer who will represent your interests if someone has a claim to the land.
You must tread carefully when using this process to claim land. We do not live in the days of the land rush and homesteading. Someone could come around with a claim on the property, and you must be prepared to defend yourself. You are not technically right under the law, and you need an attorney to defend you if something happens.
You can take over land that might be near your own, but you need to speak to a lawyer. You are not operating in the same way the government does, but you use a lawyer all the same. Ask your lawyer for advice before taking steps to claim the land, and keep them on speed dial in the event of trouble.