Can you challenge a compulsory purchase order?

On Behalf of | Dec 22, 2024 | Real Estate Disputes

One of the most worrying things a property owner can face is the placement of a compulsory purchase order on their land. Under eminent domain law, the government can order these compulsory purchases for certain projects considered to be for the public benefit. Examples of where people have lost their land to eminent domain include building roads or flooding an area for a hydroelectric scheme.

The government gets to set the price you will get, and it may not tally with what you believe your property is worth. It also might not consider how much it will cost you to lose that piece of land aside from the pure real estate price per square foot. For example, you might have built a business up on that spot, and starting again elsewhere could take years of effort or be impossible. Or you might have decades of family history attached to the site, which no one could ever replace.

You can challenge the government on this

You certainly have the right to mount a challenge. You could do so in several ways. You could either accept that the project will go ahead and fight for a better price for your land. Or you could challenge the need for the project or the need for it to take place on your land.

It’s not unheard of for eminent domain orders to be issued after heavy lobbying by someone who stands to make a tidy profit if it goes ahead. It’s also not unheard of for people to be forced to sell their land, only for the project never to go ahead because it turns out to be less needed or more expensive than originally thought.

If the government is looking to buy your land, they are likely looking to buy some of your neighbors’ land too. Working with them and seeking legal guidance can better inform you of your rights and help you present a more vocal and effective opposition.