Faith Ledyard & Faith PLC Logo

Toll-Free: 888-350-8767  Local: 623-806-8994

Faith Ledyard & Faith PLC Logo

A Full-Service Law Firm Serving the West Valley and Greater Phoenix for More Than 40 Years

  1. Home
  2.  » 
  3. Firm News
  4.  » What are the three types of takings under eminent domain?

What are the three types of takings under eminent domain?

When land is privately owned, the idea that it could be taken by the government for public use is not usually considered. However, the surprising reality is that under certain circumstances, it is possible for the government to do just that. The act of the government taking privately owned property away from its owner is known as eminent domain.

There are different types of property takings that can be done by the government. These takings are never referred to as property seizures, because seizing property suggests that the owner committed a criminal act, which is not true in the case of eminent domain.

What are the different types of property takings in eminent domain?

There are three main different types of property takings that can take place in eminent domain. The first is known as a complete taking, and this occurs when the entire privately owned property is purchased by the government. Partial taking is when only certain parts of the owned land is taken, and a temporary taking, as the name suggests, is when the government needs temporary ownership of a certain piece of land.

How is the government restricted from doing anything they want in regard to eminent domains?

The government is restricted in its actions by the Takings Clause in the Fifth Amendment to the U.S. Constitution. This states that the government can only take land when they compensate the owner appropriately and when they only use the land for public use.

If you are facing issues with eminent domains in Arizona, it is important that you take action and clarify your rights.

Source: FindLaw, “Eminent Domain Overview,” accessed June 12, 2018

Archives