Even if a project is intended to benefit the public, it may not always benefit the private property owner whose property is located in the footprint of the proposed development. With the help of the power of eminent domain, the government and other entities may be able to seize – or condemn – a property even if the owner does not want to sell.

The condemnation attorneys with King Law Firm  are passionate about defending private landowners who are threatened by eminent domain. Our lawyers represent landowners vigorously and aggressively, utilizing all their legal abilities and experience to challenge the taking, if appropriate, or to obtain a just and fair payment of compensation. Furthermore, when a landowner hires an attorney at King Law firm, he or she gets two advocates for one: the King Law Firm lawyer, and the knowledgeable support staff at King Law Firm. 

The complexity of eminent domain law

Eminent domain is a highly specialized area of law. The laws and procedures governing condemnations are complex and vary from state to state. Despite the specific policies, procedures and legal precedents that must be followed by each state, the federal government and federal courts may follow a different set of procedures and rules. The attorneys at King Law Firm are experienced in and understand the complexities and intricacies of eminent domain law. A King Law Firm Attorney can guide you through the legal process, defending your rights and guiding you to the best outcome.

This area of law is complicated by a number of important factors, including what constitutes a proper public use, how compensation should be figured, what damages will the remaining property suffer as a result of the condemnation and whether or not business damages or loss of goodwill are compensable. Attorneys with experience in this area of law, therefore, must be consulted. These are the matters that King Law Firm condemnation attorney tackles on a daily basis, from challenging the right to take to determining what damages are compensable and what procedures should be followed.

It can be both emotionally and confusing to deal with the government taking private property through the eminent domain process. Like the Government, you need an experienced eminent domain attorney fighting for your legal rights. 

Stages of An Eminent Domain Case

The process of eminent domain is a special statutory proceeding requiring strategic planning and action at every stage to ensure that the landowner is placed in the best possible position for maximum success. The attorneys at King Law Firm understand this process well and are able to navigate it effectively. A court case involving eminent domain can either be resolved quickly or over the course of several years depending on the amount of money at stake, the complexity of the case, and whether negotiations are undertaken early on or only after a valuation trial is held. The typical steps of an eminent domain case will help you understand the process and what to expect. Your attorney will walk you through the process assuring  you have a clear understanding of each step of your case.   

Planning for pre-condemnation

Once you are informed that the government plans to acquire your property, you should consult with an experienced condemnation attorney. The government is your adversary in eminent domain proceedings, as it seeks to acquire your property which could potentially damage your business, investment, investment potential, or home. A King Law Firm condemnation attorney can analyze your situation and devise a course of action to safeguard your property rights.

There may be several critical issues to address when the government first contacts a property owner. When the government asks the property owner to conduct environmental testing, what response should she give? The owner may be asked for his opinion of value before any offer has been made. What should he say? During the first meeting with the government representative, what should the business or property owner disclose? When a government official wishes to send an appraiser or surveyor to inspect an owner’s property and obtain documents, what should the owner do? Any subsequent negotiations or eminent domain litigation could be influenced by the answers to each of these questions.

Challenging Condemnation and Eminent Domain  

In the event that someone attempts to take your property, especially something as valuable as your land, home, or business, there is a natural reaction to want to prevent it. An eminent domain use must be approved by a court in most states before a government or private authority can condemn it. In order to challenge the taking of private property, you will require the assistance of an experienced eminent domain attorney

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Your property may have been condemned without a good faith offer prior to being condemned. The condemning agency may have failed to follow state or local eminent domain procedures. There is also the possibility that the condemning agency does not have the authority to condemn your property. You may also argue that condemnation of your property is not necessary for the public project.

Maybe the condemnation power is being used for a private project rather than a public purpose as required by the Constitution. There may be instances in which a private developer will ultimately be the owner of your property. To defeat the taking of your property, your lawyer may need to dispute the blight designation when the proposed project is a redevelopment.

Rights to Relocate

It is possible that the property owner may be entitled to relocation benefits in addition to receiving compensation for the condemned property when private property is acquired for a public project. Benefits associated with relocation may include payment for moving expenses and assistance in finding replacement housing. It is common for relocation rights to be governed by federal law, and they are not based on the value of the property. In some cases, the cost of moving can exceed the value of the property taken through eminent domain, especially if it is an industrial site. It is imperative that the government reimburses all costs related to moving and reconnecting fixtures and large machinery.

Relocating a business successfully can be challenging. Most often, tenants receive relocation benefits and assistance in locating a replacement site and moving their business. In some states, business losses are compensable under relocation laws. There may be complex negotiations to take place during the relocation process depending on the type of property and business operated at the new location. In order for business disruption to be minimized, the relocation of a company must be done in a timely and well-coordinated manner.

As a homeowner, you may have relocation concerns such as finding a replacement home within the same neighborhood as the condemned home, within the same school district or within a certain distance from the owner’s place of employment or family. Governments are obligated to help locate a suitable replacement site, but they may not pay attention to all of your concerns.

Just Compensation

According to the U.S. Constitution and your state constitution, a property owner is entitled to “just compensation” when his property is taken by eminent domain.  Just compensation is intended to fully compensate the property owner for what he or she has lost in property.  If a portion of the property is taken, the owner may be entitled to compensation for the value of the property taken as well as damage to the remaining property.

Several legal principles and factors unique to condemnation affect the value of the property and the calculation of just compensation. The eminent domain attorneys at King Law Firm are experienced in applying eminent domain law to the property owner’s advantage, regardless of the issue at hand.

The following factors are considered when valuing a property:

• What is the best way to maximize value?
• Is business damage recoverable under what circumstances?
• Can an owner be compensated for damages incurred during construction of the public project?
• Is compensation for damaged property in a partial taking legal?
• When is the government allowed to offset its damages in a partial taking by claiming that the project will increase the value of the remaining property?
• In eminent domain, what role does contamination play? Under what circumstances is it excluded from consideration?
• Does the property have a special use that leads to unique valuation techniques?
• What is the treatment of fixtures in condemnation?
• How is compensation determined?
• How soon will you receive the compensation?
• What are the best ways to ensure that a property owner receives the maximum compensation and benefits when relocating?
• How long does it take tenants to receive compensation?

For more information about eminent domain contact King Law Firm today.