While this blog typically focuses on private land acquisition, the government also has power to acquire land through a condemnation process. Eminent domain power has been used since the nation’s founding to acquire property for public use. Notable uses of eminent domain include the creation of the Interstate System and several national parks. During WWII, the US Lands Division oversaw the acquisition of over 20 million acres of land.
Suits Over Property Rights
While rarely discussed in land circles today, eminent domain still occurs. And just like in the past, it can lead to long legal battles on everything from the value of the land to whether a taking actually occurred.
For example, a group of Dauphin Island property owners in Mobile County, Alabama, filed suit on March 6, 2025, against the town of Dauphin Island and the state of Alabama, alleging that their property was unfairly taken due to a re-designation of the Mean High Tide Line (MHTL). The suit alleges that under Alabama law, any land seaward of the MHTL becomes state property and a public beach, stripping private owners of their rights without compensation. It alleges that the town of Dauphin Island recently redefined the MHTL based on past erosion, rather than the ongoing restoration. This allegedly converted previously private lots into a public beach without compensating the owners. The homeowners claim this action constituted an unconstitutional taking of their property. The suit seeks to overturn the new MHTL designation and protect property owners' rights to reclaim and rebuild on their land.
Private Actions
it would almost be impossible to predict during the due diligence period whether the government will one day use eminent domain to acquire a property. However, it is important to remember that is still does occur and just compensation to the property owner is required.
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