Eminent Domain

The government's power to take private property for public use, such as building roads or schools, as long as the owner is paid fair compensation.

Eminent domain is the power of government to take private property for public use. Both the U.S. Constitution and the Minnesota Constitution require that the government pay “just compensation” – fair market value – to the property owner when exercising this power.

In Minnesota, eminent domain proceedings are governed by Minn. Stat. chapter 117. The government must follow a formal process: it must make a good-faith offer to purchase the property, and if the owner does not accept, the government must file a condemnation action in court. The property owner has the right to challenge both the necessity of the taking and the amount of compensation offered.

Why it matters: If the government wants to take your property for a public project, you have the right to fair compensation and the right to challenge the taking in court. You should consult a lawyer, as the government’s initial offer is often lower than what you might receive through negotiation or trial.

Example: The county needs to widen a highway and requires 20 feet of a homeowner’s front yard. The county offers $15,000 based on an appraisal. The homeowner hires an appraiser who values the land at $25,000 and negotiates a higher payment.