Can an owner of property refuse to sell to the government?
Yes, an owner of property in Nebraska can refuse to sell to the government under eminent domain law. Eminent domain is a governmental power that allows the government to take private property for public use. This power is sometimes used to take land for highways, railroads, bridges, etc. In Nebraska, the government must first present a written offer to the property owner. If the owner refuses the offer, the government can go to court in order to force the sale of the property. The court will weigh the public need for the property and also consider the owner’s opinion. If it is decided that the public need outweighs the owner’s opinion, the court can order the sale of the property on the terms of the original offer. The Nebraska state legislature has also enacted the Just Compensation Clause which prevents the government from forcing the sale of a property for less than its fair market value. This protection helps ensure that property owners do not lose out financially in the event that the government takes their property. In the end, an owner of property in Nebraska can refuse to sell to the government. However, if the public need is deemed to be much greater than the owner’s opinion, the court can still order the sale of the property on the terms of the original offer. If this happens, the owner can at least take comfort in knowing that they will receive fair market value for their property.
Related FAQs
Who has the power of eminent domain?What are my rights regarding relocation?
What is the purpose of eminent domain?
What is a developmental impact fee?
What is the difference between a public purpose and a public use?
What is the difference between value for tax purposes and market value?
What is the difference between a redevelopment project and a development project?
What is a public purpose?
What is the difference between a condemnee and a condemnor?
What is the difference between market value and actual value?
Related Blog Posts
What is Eminent Domain Law and How Does it Impact Property Owners? - July 31, 2023Understanding the Eminent Domain Process: A Step-by-Step Guide - August 7, 2023
Defending Your Rights as a Property Owner in Eminent Domain Cases - August 14, 2023
The Valuation Process in Eminent Domain Proceedings - August 21, 2023
The Controversy Surrounding Eminent Domain Law - August 28, 2023