- What is eminent domain?
Eminent domain is the right of a government to take private property for public use, with compensation to the owner.
- What is ‘just compensation to the owner of a property subject to eminent domain?
Just compensation is fair market value of a parcel of property that must be paid to a land owner who has had his or her property taken by the government. Fair market value may also take-into account future uses that could make the property more valuable, or a business owners economic loss if they are forced to relocate their established business to another location.
- What constitutes a taking? The government physically appropriates part-or-all-of a property for public use, this constitutes a taking. When the government physically takes property, this is called a “condemnation.”
- How does the Government acquire my property? Frequently the government may negotiate to buy your property just like any other real estate investor might. If you and the government cannot mutually agree on price the government can proceed with Eminent Domain. Eminent domain is the legal process that has been established to allow federal, state, county or city governments to gain ownership of private property. Eminent domain formally begins when the government starts a lawsuit to take your property.
- How do I select an appraiser for an eminent domain case? An eminent domain appraiser should be extremely experienced in eminent domain and should not be compromised by having as a current client the city, county or state attempting to take a private property. Additionally, the appraiser should have courtroom experience, and be compelling to a court or a jury.
- Why does a private property owner need an attorney to protect their interests in a eminent domain lawsuit?The city, county or state agency involved in the eminent domain case will frequently give the property owner a low-ball offer on their property, and the government will have very experienced lawyers representing them. As advocates for a property owner facing eminent domain we strongly encourage the owner the get the most skilled and qualified attorneys to represent them and in most instances-we will offer to assist a property owner find the most capable legal experts to assist.
