Capitol Heights, MD asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland

Q: Can You File For Eminent Domain Regarding Government Property

Can You File Eminent Domain In Regards Regards Government Property .....( International Law )

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: You have the concept reversed. Eminent domain is the right of the sovereign to take private land after paying reasonable compensation. It is limited to legitimate public purposes. You can’t exercise eminent domain unless you are a government.

Nina Whitehurst agrees with this answer

Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Real Estate Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: No. Eminent domain is a means by which the government can take land from private citizens to serve some greater public good, subject to due process requirements. There is not a means where private citizens may force take government property. The government must do this voluntarily, ordinarily by private negotiated sale or through a formal process of abandonment (imagine a vote by a County Council, based on the advice of the County Attorney).

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