What We Do – Property Rights
Eminent domain power for the government has grown over the years with new cases expanding the definition and actions allowed. In these situations, the property owner’s rights are often overlooked, which is where we provide our assistance. We fight to ensure your rights are not violated and that the law is followed in regards to condemnation and eminent domain.
The Rights of Owners in Eminent Domain
In most cases, you cannot stop an eminent domain taking as long as it meets the requirements of the law. The government is allowed to take a private property as long as it is for public use or public purpose. One of our jobs in protecting your rights is to ensure the taking meets this requirement.
The law also states that you are to receive fair compensation for the loss of your property. One of our primary tasks is to ensure any offer you receive is fair market value. In addition, you may have other losses and expenses that are incurred as a result of the taking of the property. We work with you to prove these damages so you can receive additional compensation. This may include loss of income and cost of moving.
For instance, a business owner may have the expense of moving equipment and inventory after finding a new location for the operation. These costs are considered severance damages and can place a financial burden on the property owner unless they are compensated by the condemning authority.
Rights in Regulatory Takings
Many times, the entire property is not taken in an eminent domain case. The condemning authority may take only a portion of the property or even add new regulations for how the property is used. If an easement is utilized, it may also impact the property owner and how they can use that portion of the property as well as the rest of the land.
In each of these situations, the property owner’s rights are affected. We work to ensure you are fairly compensated for any losses as well as any damages incurred to your property. We also work to ensure the easement includes stipulations that protect you as the property owner now and for the future when it is time to sell.
Call us to find out how we can help you protect your rights as a property owner. We understand this complex area of the law, and we will fight using every measure under the law to ensure your rights are protected and that you receive the maximum compensation available for your property.