Eminent domain laws or condemnation laws allow governments across the United States to seize private property for public use in exchange for just compensation paid to the property owner. Condemned property obtained under federal or local eminent domain laws is typically property that is deteriorated or improperly used, and stands in the way of important government development. Any landowner facing a condemnation action should contact an eminent domain lawyer for assistance in either fighting the decision, or ensuring just compensation be paid.
The Process of Condemnation
A government cannot condemn property and seize it under eminent domain laws unless it is able to properly justify the action. Such justification for condemning and seizing property includes building public necessities such as schools or hospitals, or allowing private developments that increase housing or economic opportunities in the community. The process of condemnation begins by a government filing notice to the landowner that the property will be condemned and seized under the federal or state eminent domain laws. The government will appraise the property, and offer the landowner fair market value. If the landowner refuses there will be a court hearing, during which the government must demonstrate the condemnation action benefits the public and there is just compensation to the owner. The landowner can fight both points and attempt to block the condemnation action or to increase the amount of compensation paid. The court will make a ruling, and the condemnation action will either proceed or be dismissed.
The Importance of an Eminent Domain Lawyer
A landowner of a condemned property should contact an eminent domain lawyer. A government must have a substantial justification to condemn property, and an experienced eminent domain lawyer will protect a landowner's rights to their property by ensuring the government is initiating a proper taking and returning just compensation.