What is eminent domain?

Understanding eminent domain: what you need to know 

At Zimmer & Rens LLC, we help individuals across Wisconsin protect their real estate and business investments. In this article we’ll break down what eminent domain is, what it means for you, and how you can ensure you receive the compensation you deserve. 

What is eminent domain?

At its core, eminent domain is the government’s authority to take private property for public use. This power comes from the Fifth Amendment of the U.S. Constitution, which states: 

“Nor shall private property be taken for public use without just compensation.” 

This means that federal, state, and local governments can exercise eminent domain powers. However, the government must compensate property owners with fair market value for any property taken. 

When is eminent domain used?

Eminent domain is typically invoked for projects that serve the public good, including: 

• Infrastructure development – Highways, railroads, and airports 

• Public facilities – Schools, hospitals, and utility infrastructure 

• Urban redevelopment – Revitalization projects and eliminating blight 

While these projects may benefit the public, your property cannot be taken without just compensation, which must reflect its fair market value. 

Understanding condemnation

You may have heard the term condemnation—but what does it mean? 

In the eminent domain context, condemnation is the legal process the government uses to acquire property through eminent domain. Think of eminent domain as the government’s right to take property, and condemnation as the process the government must follow to exercise that right. 

In Wisconsin, condemnation is governed by Chapter 32 of the Wisconsin Statutes, which outlines strict requirements to protect property owners. 

The condemnation process in Wisconsin

If the government is looking to take your property, it must follow a legal process that includes: 

1. Necessity determination – The government must determine that taking your property is necessary for the public project.
   
   
2. Property appraisal – The government must provide an appraisal of your property. You also have the right to obtain an independent appraisal.
   
   
3. Negotiation – Before initiating formal condemnation, the government must make a good-faith effort to purchase your property voluntarily.
   
   
4. Jurisdictional offer – If negotiations fail, the government will issue a final offer detailing the project and the compensation it is offering.
   
   
5. Your response – You have 20 days to respond to the jurisdictional offer. This window is crucial if you believe the offer undervalues your property. 

Protecting your rights & compensation 

If you are facing eminent domain, ask yourself these key questions: 

• Is the government’s offer too low? 

• Does the government’s appraisal reflect the true value of my property? 

• Did my independent appraisal result in a significantly different valuation? 

• Is my property unnecessary for the public project? 

If you answered yes to any of these questions, you should consider initiating formal condemnation proceedings to fight for the compensation you deserve. 

Get the legal help you need 

If you’ve received notice that your property is being taken – or if you’re worried that your property might be next – don’t go through this process alone.  Working with an experienced attorney can make all the difference in ensuring you receive the full value of your property.

At Zimmer & Rens, we offer a free 30-minute consultation to help you understand your options. We’ll analyze your situation and develop a clear plan to protect your rights and maximize your compensation.