How Can A Government Take A Private Property
Eminent domain also referred to as “condemnation,” is the power of local, state, or federal government agencies to take private property for public use. Private organizations such as oil and gas companies, railroads, or redevelopment authorities may also be granted eminent domain power to complete specific projects benefiting the public. Most property owners are introduced to eminent domain after receiving a letter from a government agency offering to purchase their property at a fraction of the true value. Eminent domain gives the government power to take property from landowners when it serves a public purpose. The most common examples of condemnation projects include building a new school, expanding roads, or building new highways to improve traffic flow. However, this legal power does not come without its limits. While the project for which the power of eminent domain is used may benefit the public, it does not always benefit the private owner whose property lies in the proposed project’s footprint.
Who Can Exercise Eminent Domain
Eminent Domain also called condemnation is the power of local, state or federal government agencies to take private property for public use so long as the government pays just compensation. The government can exercise its power of eminent domain even if the owner does not wish to sell his or her property.
How Much Does It Cost To Hire An Attorney To Represent Me In A North Carolina Eminent Domain Dispute
In most cases, there is no cost for the initial consultation with an eminent domain attorney. However, the issue of fees is completely between the property owner and the attorney so be sure and ask. In most eminent domain dispute cases, the attorney is usually paid on a contingency basis.
Under an agreement of this sort, the attorneys fee are based on an agreed upon percentage of monies received over and above the last written offer received by the government or the amount deposited by the government upon the filing of a lawsuit. Other arrangements may include an attorney working on an hourly basis at an agreed upon set hourly fee or an attorney working on a flat fee basis.
Don’t Miss: How To Get Free Net Domain
If The Eminent Domain Attorney Is Hired On A Contingency Basis Do I Have To Pay Anything Upfront
If an attorney works on a contingency basis, then usually there are no upfront or on-going costs for legal fees. Legal fees are usually received when there is a monetary recovery over and above the last written offer by the government or the amount of monetary deposit by the government upon the filing of the lawsuit.
In addition to attorneys feed, there are other costs that may be associated with the case including the hiring of appraisers, engineers, site planners, and other experts needed for the effective presentation of the case. These costs vary with the complexities and uniqueness associated with each individual case. An experienced attorney in eminent domain/land condemnation should be able to estimate and control these costs.
Lafayette Lawyers Who Stand Up For Your Rights
The government has the authority to take private property for public use. This power is called eminent domain, and the process used is called condemnation. As a landowner, you have rights. The condemnation lawyers at Vaughan & Vaughan fight to protect those rights and make sure you are treated fairly.
Nobody wants to lose their land when it’s not their choice. But sometimes a government agency has plans to extend an airport runway, expand a road, erect a bridge or build a new highway through the middle of a farm field. And the decision is made to take your land by eminent domain.
You deserve a fair market price when the government wants your land. But that is often not what the government offers. Their offer may be well below fair market value. Government lawyers count on people simply accepting the terms, whether they like it or not. But that is not your only option.
Read Also: How To Sell Domain Names For Profit
Can You Beat Eminent Domain
Homeowners rarely fight off eminent domain
If youre dead set against selling your property to the government, you have the right to fight eminent domain in court. However, the only way to pull off this feat is to prove the government does not plan to use your land for justified public use an unlikely outcome.
How Is Eminent Domain Used Today
Eminent domain in the United States refers to the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. The most common uses are for government buildings and other facilities, public utilities, highways and railroads.
Don’t Miss: Who Owns Domain Name Checker
Roseau County Landowners Demand Watershed District Disavow Eminent Domain Receive No Guarantee Their Property Is Safe
The Roseau County Landowners Coalition attended a Roseau Lake project work session earlier this month to demand that the Roseau River Watershed District abandon its plans to force farmers to install flood easements on or sell their productive, multi-generational farmland. The RRWDs unnecessary and costly flood mitigation project requires the acquisition of property that
Conor Beck | Press Release | July 28, 2020
Public Use Or Purpose
In order to exercise eminent domain authority, the land must be purchased for public use or purpose. This means that whatever the land is going to be used for will be of benefit to the general public. Depending on the circumstances, you may be able to prevent your property from being taken through eminent domain if a court determines that the condemnation is not for a public use project.
Examples of a government entity exercising eminent domain would be purchasing private land along a highway for expansion of the road. An example of a private entity working under government authority would be an NFL team purchasing land to build a new stadium or a health care cooperative building a new hospital.
Also Check: How Much Should A Domain Name Cost Per Year
Hearings And Determining The Necessity Of A Taking
Not all condemnation proceedings are the same. State laws differ on the number of hearings and the procedural structure of each, depending on the type of property in question or the intended use. Generally, a landowner may contest both the proposed taking and the amount of compensation offered. Ultimately, if administrative appeals fail, the landowner may petition in court, typically claiming a violation of constitutional rights.
Both sides may offer witness testimony and other evidence in support of their positions. Both sides may call attention to the fair market value of similar properties for comparison. Following court decision, appeals may take years, but generally does not stay the taking if a landowner ultimately prevails on appeal, only money damages are generally available.
Understanding Eminent Domain And Easements
Private property rights comprise one of the core values conferred on citizens of the United States. At the same time, government entities need to acquire land for schools, roads and other public purposes. Likewise, utility companies need rights-of-way for electricity, cable, water and sewer lines that benefit the landowners and their neighbors.
Government entities can acquire private property from willing sellers to build highways, schools, public hospitals or other government buildings. If the landowner does not want to voluntarily relinquish the property, then the governmental body can acquire the property through a process called eminent domain. When eminent domain is used, the property owner will still be paid for the property. The amount of the payment is determined by a compensation commission, whose membership is established by the Board of Supervisors.
Governmental bodies can also grant the right of eminent domain to private companies. For example, when a tax-increment financed project wants to acquire neighboring land, they can do so through eminent domain.
Eminent Domain and Easements
Temporary easements can also be granted which allow construction equipment to use the area, which allow storage of materials, and which are allowed to store topsoil and subsoils during the construction process.
Why permanent easements are a problem
Eminent domain and easements present environmental justice issues
You May Like: How To Find Email Domain And Server
The Roseau Lake Rehabilitation Project Could Threaten Thousands Of Acres Of Productive Family
Roseau County, Minn.Today, the Roseau County Landowners Coalition parked two 50-foot trailers in Roseau to spread the word about a project that would devastate their productive family farmlands for no real benefit. At over 50 farmers and landowners strong, the Coalition is launching a campaign in collaboration with the Institute for Justice , a national
Conor Beck | Press Release | November 12, 2019
Learn Your Rights In An Eminent Domain Action
It has been said that knowing is half the battle. With that in mind, the first step in protecting your rights in an eminent domain matter is to understand the law. At Dickson Frohlich, we encourage string lines of communication with our clients so that we may inform them regarding their rights during the eminent domain process. Eminent domain, or the right of condemnation, is a power that is held by federal, state, and local governments and is principally found in the Fifth Amendment of the Constitution, as well as the Washington State Constitution, as well as in the Washington State Constitution.
In Washington, as in other states, governmental entities can use the eminent domain power to take an individuals private property for a public purpose, even if the landowner is unwilling to sell. .)
This governmental right is not without limits, however: though governmental entities may to take your land, the law requires that the government justly compensate the landowner for the property at the fair market value. . To do this, the stale also outlines strict procedural slips that must be observed in order to satisfy this requirement. Thus, eminent domain attorneys typically provide two key services: first, the make the government stay honest and follow the eminent domain process, and second, they make sure that you actually receive the proper value for your property.
Also Check: What Is The Io Domain
What Is ‘just’ Compensation
The Constitution requires that private landowners who lose their home or land due to the use of eminent domain be paid “just” compensation. But what exactly does that mean?
Generally, this is based on how much the landowner might expect to get in fair market value. The value of the land could be determined by many factors, including its size and any resources it may have.
Sometimes, the federal or local government takes land for limited periods, which tends to make valuation much more difficult. If the police can prove “by a preponderance of the evidence” that the property was being used for criminal activity, then the government generally may seize the property without compensation.
When Can Property Owners Challenge Eminent Domain
While state and federal government agencies have the power of eminent domain to take private property for public use that power is not unlimited. Eminent domain power is limited by the Fifth and Fourteenth Amendments to the U.S. Constitution and by individual state constitutions and laws. If the government seeks to take your property, there are potential defenses an eminent domain attorney may employ to challenge the taking. While certain defenses challenge the condemnation outright, others focus on ensuring that you receive just compensation for the taking of your property. In this article, we provide a brief overview of four of the most common defenses to condemnation:
- The government lacks the authority to condemn your property
- The government lacks a sufficient public purpose for condemnation
- The government does not your property for the public project
- The government has not offered just compensation for your property
Read Also: How To Connect Godaddy Domain To Squarespace
Challenging Eminent Domain: Remedies For Takings
Initially, an objecting landowner may request either or both injunctive and monetary relief. However, if the government’s action meets the legislative and constitutional criteria, the landowner may be responsible for court costs if the objection was not well-grounded or appears to have been motivated by excessive financial interest.
In cases of excessive takings or partial takings , adjudication includes a determination of the percentage interest in a property which is adversely affected, and monetary award is prorated accordingly. Likewise, if the complaint is for devalued property which isn’t directly taken, but adversely affected because of governmental activity on nearby property, adjudication includes a determination as to whether other factors have devalued the property.
In these cases, courts will determine the monetary difference between the devalued property and its fair market value without the alleged adverse effect.
Facing Eminent Domain Dont Give Up Without A Fight
Under state and federal eminent domain laws, government entities and other condemning authorities can expropriate private property for public use. If you are a property owner who stands to lose your home, commercial real estate property or farmland to eminent domain, do not give up without a fight. By working with a tenacious legal team, you stand a chance of retaining your private property.
At Spragins, Barnett & Cobb, PLC, our team of attorneys advocates strongly for the rights of individual and corporate landowners throughout Tennessee. Founded in 1897, we bring decades of combined experience to the table for our clients. Government entities know that when we are on your side, we are prepared to fight assertively to keep your property in your own hands.
Also Check: Gulftel Webmail Login
Can Eminent Domain Be Abused
Eminent domain is the governments right to purchase private property to complete a public project. Ideally, the government will offer you an amount that reflects or exceeds the value of your property. Unfortunately, eminent domain has a history of being abused and causing serious problems for property owners.
Can You Fight To Keep Your Property In An Eminent Domain Case
By admin on Jun 16, 2014 in Eminent Domain Case |
It is important to know your rights in an eminent domain claim made against your property. The government, whether it be at the state or federal level, can be a scary entity to go up against. Many people are under the belief that if the government wants to take their property via eminent domain, there really is not much that they can do. This could not be any farther from the truth. The eminent domain law does leave opportunity for a property owner to fight if they believe that the claim is not just.
You May Like: How To Transfer Squarespace Domain To Godaddy
Build Up An Arsenal Of Information
One of the best ways to increase the offer that you receive from the government in an eminent domain case is to build up a wealth of information. The government is required by law to offer you what is considered fair market value for your property. The kicker, though, is that what is fair market value can be interpreted many ways, by many different people. One of the best things that you can do right out of the gate is to bring in an appraiser. An independent appraisal is going to give you an idea as to what your home is worth in their opinion.
Do not hesitate to do some research on your own either. Looking at prior home sales in your area, if it is a single-family home that is at stake, will help you better gauge what you can expect. You never want to sell short the true value of your property. The more information that you have to present to the government, the better your chances in the end.