Legal Land Theft Protection (continued - p2 of 2)

Eminent Domain Abuse

Eminent domain is the right of any federal or quasi-government to force owners to sell their property to them (often at rock bottom prices) so private property can be taken for "public uses". This didn't used to pose much of a threat to homeowners, but now it is used as a tool by governments for almost any purpose, public or not. Why so many people seem so concerned with the definition of "public use" rather than eminent domain being a problem in and of itself is beyond me. But from the time our government stole this land from those already living here and granted each state its own portion, the power of eminent domain has been reserved by all governments and now quasi-governments as well.

Condemnation by eminent domain applies to private property, but not to real estate owned or otherwise controlled by federal or state governments, municipalities, public boards or commissions. Citizens may not take anyone else's land via eminent domain, whereas quasi-governments can take private but not federal lands, and the feds use eminent domain to take land from everyone.

The possibility of losing property due to eminent domain may not (as far as I know) be completely eliminated, but it can be reduced. Holding assets in trust is a good first line of defense, as it further complicates the process because information such as the name of the owner must first be known in order to establish jurisdiction, and thereby to determine whether those trying to use eminent domain even have the authority. Not many want to waste time and money to establish jurisdiction, only to find out they haven't the authority. For additional eminent domain protection (particularly useful for larger tracts of land) you can always donate a small outer portion of land to a well-funded, non-profit organization that has been organized for purposes which will likely benefit you as well (such as limiting land development to that which is necessary and sustainable). Protecting your land this way provides a buffer between your land and eminent domain happy land thieves, so it may be well worth it in the long run, especially if that portion of land is donated in the form of a private or charitable land trust.