How Can An Attorney Help You If Your Property Is Subject To An Eminent Domain Proceeding?
by
Philip D Sever on Nov. 05, 2015
Real Estate Eminent Domain Real Estate Land Use & Zoning Real Estate Construction
Summary: Eminent domain is the right of a government to take private property for public use, provided that the party from which is taken receives just compensation.
Eminent domain is the right of a government to take private property for public use, provided that the party from which is taken receives just compensation. In many cases, this power is exercised in connection with public projects such as the building of schools, projects related to utilities, or the expansion of infrastructure such as roads or public transportation. The body of law surrounding eminent domain proceedings can be complicated, and it is important for landowners of property that may be subject to a government taking to retain an eminent domain attorney to ensure that their rights are protected. There are many ways that an attorney may be able to help you, some of which are detailed below.
Ensure that is for a public purpose
In order for a taking to be valid, it must be for a public purpose. The case law regarding eminent domain has established a broad definition of what constitutes a public purpose, to the extent that a purely private development may be considered a public purpose so long as it benefits the public at large. While this is the case, not every exercise of the government’s eminent domain purpose is valid, and an attorney may be able to stop your property from being condemned entirely.
Ensure that you receive just compensation
The Constitution provides that landowners whose property is taken by the government are entitled to “just compensation.” In many cases, there is a significant disagreement between what the government wants to pay for a piece of property and the amount of money a landowner thinks his or her property is worth. An experienced lawyer can help landowners make sure they receive the full and fair value of their property.
Contact one of our eminent domain attorneys today to schedule a consultation
People who own property that may be subject to a condemnation proceeding should discuss their options with an attorney as soon as possible. In many cases, an attorney can help you keep as much of your property as possible and ensure that you receive the full value of any property that is taken. Call our office today to schedule a consultation with an attorney who practices in eminent domain law, call Sever Storey today at 888-318-3761.
