What is eminent domain?

Eminent Domain Law in Alaska allows government entities to seize private property for public use. This seizure of land is known as “eminent domain.” Under Alaska law, only certain entities—like federal or state governments, public works, public utilities and public service corporations—have the power to use eminent domain to take a property from an owner. Eminent domain is the right of a government or its agent to exercise exclusive control over a certain piece of land. It may be used only when the public use is greater than the private use, meaning the property is needed for the public good, such as a public school, road, or utility line. It must also be for a legitimate purpose, such as providing public services or eliminating blight. When eminent domain is exercised, the owner of the property is compensated for their loss. This compensation is required to be fair market value or just compensation for the property. The compensation amount is based upon the appraised value of the land as well as the value of any improvements that have been made. Eminent domain is a complex legal process. If your property is being taken by eminent domain, it is important to consult an experienced attorney to ensure you are getting fair compensation for your loss.

Related FAQs

How do I determine the fair market value of my property?
Are there any restrictions on the type of property subject to eminent domain?
Are there any restrictions as to how the government can use my property?
Can my property be taken if I do not receive fair compensation?
What are the consequences of an uncompensated taking?
Who is responsible for determining the value of my property?
How do I prepare for an eminent domain proceeding?
What are the elements of a taking?
What is the difference between a public purpose and a public use?
How can I challenge the amount of compensation I am offered?

What is eminent domain?

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