Eminent Domain / Land Condemnation

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Information regarding procedure for condemnations

  • The Probate Court has jurisdiction to condemn privately owned land.
  • The exercise of eminent domain by the state must be for public use.
  • Just compensation must be paid to the landowner; it must be offered to the owner prior to beginning condemnation proceedings.
  • Once a complaint has been filed in the Probate Court in the county where the property is located, a condemnation proceeding begins.
  • The Probate Judge must issue an order condemning the property within seven (7) days of the commissioner’s report and upon payment to the Probate Court for the damages and compensation assessed.


  • Probate Court cost for Land Condemnation: $42.00


Due to the complexity of laws and procedures of the Probate Court, we strongly suggest that you seek the advice of a licensed attorney.  The Probate Judge, Chief Clerk and Staff of the Probate Court are prohibited by law to offer any legal advice.