Does a landowner have to sell to the state if they are wanting to purchase property?
Full Question:
Landowner A has a large tract of land that the state has offered to buy for a new road. Landowner A does not wish to sell any part of his property to the state or anyone else. Does he have to sell his property to the state or can he refuse? Can the state force Landowner A to sell his Property?
01/05/2007 |
Category: Real Property |
State: Alabama |
#160
Answer:
Basically yes. The state can take the landowner's property in a Eminent Domain proceeding as long as there is a public use. The state will have to pay the landowner just compensation. The landowner could bring a suit against the state if he feels that the amount offered is not sufficient. However, the government is required to place the amount offered into a trust fund while a suit is pending and the state will be deemed the legal owner during the pending trial.
