Feb 9, 2026
What if you bought property, built your dream home and moved in mortgage-free — and then learned that the state wanted to tear it down to make way for a bridge, and that you’d be charged rent if you tried to stay?
That’s the situation for a couple who just moved into their custom-built home in Cape Cod, Massachusetts. Marc and Joan Hendel had just moved there from Iowa after draining their life savings to build their dream house on a sight-unseen plot of land. They were still unpacking in March 2025 when they received a letter from the Massachusetts Department of Transportation.
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That’s when they found out that their house, along with 12 others homes and three commercial properties in the neighborhood, would be taken over by the state for the replacement of a bridge construction of the new Sagamore Bridge connecting the mainland to Cape Cod.
While the state will buy them out, they’re having a hard time finding something similar to their dream home, which was custom-designed for their needs, according to Realtor.com (1). That includes two office spaces and heating and cooling systems that would reduce airborne contaminants (Joan is a lung cancer survivor).
The state will take possession of their home on March 13. At that point, they’ll receive compensation and then have 120 days to find a new home and move out. Otherwise, they’ll have to pay rent on the house they once owned.
It’s an ordeal Joan described as a “nightmare” to Realtor.com (1). If your state is planning construction that could impact your home, here’s what you need to know about what they’re allowed to do, and what you can do to protect yourself.
Why the state can take your house
Under the Fifth Amendment of the U.S. Constitution, the government can seize private property for public projects through a process known as eminent domain, so long as they provide just compensation to the property owners. (2)
Theoretically, any homebuyer is at risk of losing their home to eminent domain, in which governments‘take property for public projects such as roads, utilities and bridges. And while they’re compensated, that’s typically based on the property’s fair market value, without taking sentimental value or relocation costs into account (2).
In Massachusetts, there’s another factor at play: it’s a “quick take” state. That means the state can take possession of private property before compensation is finalized.
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“The burden to seek additional compensation is on the owner, unfair or not,” James D. Masterman, an eminent-domain attorney at Greenberg Traurig in Boston, told The Wall Street Journal. The homeowner has a three-year window to challenge the payout (3).
And each state is different. “The degree of substantive landowner protections and safeguards in eminent domain and takings situations varies dramatically from state to state,” according to the Owners’ Counsel of America. While some states offer “meaningful protections” to ensure landowners are treated fairly, the “statutory framework in many other states is not as beneficial to landowners” (4).
As newcomers to the area, the Hendels told The Wall Street Journal that they felt blindsided. “No one told us,” Marc told WSJ. “Not our realtor, not the person who sold to us. Not the town of Bourne that issued our building permit” (3).
But some critics say the need for a new bridge in the area was well known, as the old bridge had been deemed functionally obsolete in 2020, so the couple should have done better homework.
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Protect your investment with due diligence
The home building and buying processes are complicated and typically involve the biggest financial transactions most people will ever make. The Hendels, for example, told WSJ they spent $625,000 to build their dream home, which drained their life savings (3).
That’s why it’s important to ask a lot of questions, especially if you’re buying a property sight unseen (which means you buy a property without seeing it in person). This is usually considered a high-risk strategy, though some buyers are willing to take this risk in a highly competitive market or for a long-distance relocation.
When buying a property sight unseen, you’ll want to work with professionals (homebuilders, real estate agents and attorneys) who come with strong recommendations and are people you feel you can trust. While the Hendels worked with a real estate agent, that agent wasn’t a member of the National Association of Realtors (members are bound by the NAR Code of Ethics).
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The risk of eminent domain is a consideration whenever you buy a home or land on which to build one, which is why it’s essential to do your due diligence to protect your investment.
Real estate agents (or the seller) might not disclose the possibility of future eminent domain actions, though they can’t lie about it or otherwise mislead you or they could face legal liability. Essentially, if you don’t ask, they don’t have to tell you, since the information is considered part of the public record.
That means the burden falls on you to ask about it and do your own due diligence, such as researching potential government infrastructure plans and projects that could impact your purchase. Are they planning to widen a road? Are they making zoning changes? Are they putting in fiber optic lines? All of these factors could be red flags.
After all, they might not seize your entire property, but they might tear up your yard or driveway to widen a road or install a utility line.
Eminent domain can feel like a remote legal concept until it isn’t. Because eminent domain protections vary widely by state, researching local infrastructure plans and speaking with a knowledgeable real estate attorney before you buy or build could help you spot risks that don’t appear in a listing — and avoid learning too late that your home isn’t guaranteed.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
Realtor.com (1); Cornell Law School (2); WSJ (3); Owners Counsel (4)
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Vawn Himmelsbach is a veteran journalist who has been covering tech, business, finance and travel for the past three decades. Her work has been featured in publications such as The Globe and Mail, Toronto Star, National Post, Metro News, Canadian Geographic, Zoomer, CAA Magazine, Travelweek, Explore Magazine, Flare and Consumer Reports, to name a few.
