The right of the government to take private property in the United States is found in the Fifth Amendment to the United States Constitution and in the Constitution of the State of Arizona. The theory is that for government to work properly it needs the ability to acquire property. If property cannot be acquired through a normal real estate transaction, then the government has the power to condemn the land in order to acquire it. This is how eminent domain works.
Examples of typical condemnation cases are putting in a new street, expanding the interstate highways, constructing drainage improvements, extending airport facilities, revitalizing blighted areas by tearing down existing older structures and recycling them to developers, and similar projects. Public utilities may also make use of condemnation for substation sites, high voltage power line easements, pipeline easements, and similar facilities related to the specific utility.
So long as there is a legitimate government interest, you cannot stop the government from taking your land. If a government agency decides that your land is needed for a project that is usually good enough for the courts. If the governing body decides that the project is needed there is not much that can be done to stop it. Usually the only remedy is for the landowners is to consult with an attorney who specializes in condemnation/eminent domain to assure that they get the highest amount of money that can be justified for the loss of part or all their land.
Examples of typical condemnation cases are putting in a new street, expanding the interstate highways, constructing drainage improvements, extending airport facilities, revitalizing blighted areas by tearing down existing older structures and recycling them to developers, and similar projects. Public utilities may also make use of condemnation for substation sites, high voltage power line easements, pipeline easements, and similar facilities related to the specific utility.
So long as there is a legitimate government interest, you cannot stop the government from taking your land. If a government agency decides that your land is needed for a project that is usually good enough for the courts. If the governing body decides that the project is needed there is not much that can be done to stop it. Usually the only remedy is for the landowners is to consult with an attorney who specializes in condemnation/eminent domain to assure that they get the highest amount of money that can be justified for the loss of part or all their land.
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