Faith, Ledyard & Faith, PLC
COVID-19 NOTIFICATION: To protect your safety and the safety of our staff, in response to the threat of COVID-19, we are offering the option to connect with us via telephone, email and video-conferencing. Our staff are fully operational. Please call or email us to discuss your options.
A Full-Service Law Firm Serving the West Valley and Greater Phoenix for More Than 40 Years
PA Image
Real Estate Law
PA Image
Personal Injury
PA Image
Civil Litigation
Construction Law
PA Image
PA Image
Employment Law
PA Image
Estate Planning
PA Image
Debt Collection
PA Image
Government Law
PA Image
Criminal Defense
PA Image
Business And
Commercial Law
PA Image
En Español

What are the three types of takings under eminent domain?

| Jun 12, 2018 | Uncategorized |

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

Lead Counsel Rated LC
Certified specialist | State bar of Arizona | Real Estate | Law Specialist
Distinguished AV | Peer Review Rated | LexisNexis Martindale-Hubbell | For Ethical Standards & Legal Ability
Martindale Hubbell AV Preeminent peer rated for highest level of professional Excellence 2020
Expertise Best Real Estate Layers in Phoenix 2020


FindLaw Network

Stay Connected With Us