Common Disputes in Eminent Domain Cases

Abstract

Eminent domain is the mechanism that allows for the legal acquisition of private land for public use by the government or its agent with proper compensation. In the past, this type of acquisition was sanctioned for public use only, and only if the private citizen was provided just compensation. More recently, eminent domain has been approved for private uses when those private uses were for the public benefit. Nonetheless, eminent domain cases are commonly disputed and often heavily contested as they relate to real estate development and land-use law. Negotiations can be contentious due to the personal nature of such transactions for landowners and the uniqueness of the properties involved. This research presents thirteen illustrative case studies, identifying common themes related to their negotiation and resolution. The research includes a comparative analysis of case study scenarios, characteristics, decision variables, and outcomes in order to identify patterns within eminent domain negotiations and dispute resolution. The findings suggest that outcomes vary from case to case due to a multitude of project-specific conditions. The contribution of this research is to provide an overview of the eminent domain process and to highlight important key inputs for successful resolutions. Specifically, this study contributes to future engineering and construction dispute resolution by (1) evaluating and comparing functional difficulties across the thirteen case studies, (2) identifying key functional difficulties of the eminent domain process as they relate to site civil issues, (3) outlining strategies that achieve a balance between jurisdiction, engineering, and just compensation, and (4) extending the findings to provide recommendations and areas of future research for negotiations involving private land acquisition for public benefit.