about eminent domain
Many people have a difficult time understanding that the government can simply take their property while only paying a fraction of the properties real value.
Eminent domain is the ability of the government to take private property for public use, such as road improvements, schools, and greenways. The Fifth Amendment of the US Constitution gives the government that right, however it also mandates “just compensation” to the property owner. Because “just compensation” is not exclusively defined, valuation of just compensation can vary and therefore, be negotiated.
The legal process of eminent domain is called condemnation. The condemnation process is complex and has many steps. Failure to take action at the right time with the right parties can leave you with little or no recourse against the government taking your property. Because of this, it is in your best interest to hire an attorney who specializes in condemnation.
We offer clients experienced assistance with eminent domain issues and the condemnation process, including matters involving:
Too often the government bases the value of the property it is taking on non comprehensive appraisal reports that leaves property owners insufficiently compensated.
Abuse Of Eminent Domain Powers
Would you know if the government was abusing its power of eminent domain?
Partial vs. Total Takes
Not all government takings of property are “total takes.” The government may take only a portion of the property, but it can impact the remaining property.
When the government already has an easement on your property but has gone outside of its prescribed area or has used the easement for longer than it should have.
Properties Subject To A Deed Of Trust or Mortgage
If your property is subject to a deed of trust or mortgage, when the government takes part of it, it is also taking part of your lender’s collateral for the loan you received. We will fight on your behalf to keep as much of the compensation as possible in your pocket as opposed your lender’s.
Temporary Construction Easements
Although the area within a temporary construction easement reverts back to the property owner when construction is completed, they can last for several years, disrupting business or lowering the value of your property.