We Represent Residential Property Owners
In many instances, the government or another entity can notify a homeowner that their property is being condemned and taken for public use. This power comes from eminent domain, which is upheld in the Fifth Amendment. However, the law also states that the property owner must be compensated fairly for the loss of their property.
Eminent Domain vs. Residential Property Owners
While it is legal for the government to exercise its right of eminent domain for a project which benefits the public, not every case meets this requirement. In some instances, the local government will favor a developer which may increase the value to the city with a project. However, the project may not qualify as a true public use development.
In many cases, the court has broadened its view of eminent domain against homeowners. We understand the complexity of this law as well as prior cases that have been settled in favor of the homeowner. We can use these verdicts to support our case and help you retain your home.
However, it is common for the homeowner to lose their property to eminent domain law. In this situation, our job is to ensure that you receive maximum compensation for the loss of your home. This means that the government or other entity pays you fair market value for the highest and best use of the property.
Partial and Regulatory Takings
In some situations, your entire property may not be taken. Instead, the government may take a portion of the property or even pass new regulations, which impact your use of the property. For instance, the area where you live may be rezoned as commercial or industrial, which will allow more traffic and noise. In certain scenarios, you may be eligible for compensation for the loss of use or enjoyment of your property.
Proving your case can be very difficult. The government and other entities are well-versed in eminent domain law. However, we are also experienced in this legal arena and can work on your behalf to ensure your rights are not violated. We can hire an appraiser to defined fair market value and determine if other losses should be included.
If you’ve received notification from the government or utility company alerting you to the need to move your residence, call us to find out how we can help you. If you are forced out of your home, we will fight to ensure you receive the maximum compensation for your loss.