Challenging Eminent Domain Appropriation in Court

When a petition for eminent domain appropriation is filed with the court and served upon the property owner, the property owner may file an Answer denying the necessity of the appropriation and/or denying that the appropriation is for a public use. This puts the proceeding on a fast track. A hearing will be set within 15 days from the filing of the Answer. Absent an irrebuttable presumption of necessity, the judge (no jury) will determine the necessity and whether the appropriation is for a public use. If the judge finds in favor of the appropriating authority, a trial will be set at a later time to determine just compensation for taking the property.

If the judge decides the matter in favor of the property owner as to the necessity for the appropriation or whether the appropriation is for a public use, then the judge shall award the property owner reasonable attorney’s fees, expenses and costs.