Eminent domain is a complex area of law, and there are many misconceptions about the rights a property owner has. These misconceptions can lead property owners to make missteps that may hurt their chances of getting the full compensation they may deserve for their property.
Frequently Asked Questions/Common Misconceptions
Eminent domain is the power given to the government to take private property if it is necessary for public use. The government can also take property under eminent domain on behalf of a private developer. You can get more information about eminent domain here.
Land condemnation is the act of taking property under the right of eminent domain. This should not be confused with the act of condemning property as a healthy or safety hazard.
Federal, state, and local governments all have the power of eminent domain. Some agencies that act on the public's behalf (such as utility companies) may also be given the power of eminent domain..
Eminent domain law grant the government certain rights regarding your property. However, they also protect your rights as a property owner. You do not have to simply accept the government's offer. You can fight for the full compensation that you may deserve and protect your rights under the law. Generally, it is wise to consult with an experienced eminent domain lawyer about your options.
Fighting against the government can be a daunting task. Hiring an experienced eminent domain attorney may be just what you need to help protect your rights as a property owner. The government has vast resources and attorneys on its side, but hiring an experienced attorney from a law firm with significant resources may help you recover the compensation you may deserve for your property.
While the law requires that you receive just compensation for the taking of your property, what the government contends is a fair offer and what you believe is a fair offer may be greatly different. Just like any buyer, the government may try to offer you as little as possible for the taking of your property.
Appraising property is not an exact science. Different appraisers may have very different opinions about the value of a piece of property. You have the right to hire your own appraiser to give you an opinion on the value of your property. An experienced eminent domain attorney may be able to help you find a qualified appraiser to help with this process.
Your legal rights as a property owner allow you to refuse to accept the government's offer. This allows the opportunity to fight for more. However, even if you choose not to accept the offer, the government may file a condemnation action on your property and deposit the amount of the first offer with the clerk of court. Refusal of this offer does not bar you from access to these funds; you still have the right to continue to fight for a higher value.
If we can answer any questions regarding Eminent Domain, please give Exclusive Financial Resources a call at (980) 242-2533, email Louis Herford at LHerford@Exclusive1031.com or schedule a 15-minute discussion here.