If a government agency decides that your property must be taken for a public purpose, you won’t be able to get it back
You’ve been given a notice of condemnation. This means that the government or another condemning body will soon buy your property for an unspecified public improvement.
When threatened with condemnation, most landowners immediately start looking for ways to halt it. Even though it’s possible to stop the condemnation, most attempts to fight the power of eminent domain are pointless. Consequently, the key issue in your dispute with the condemning authority will be the amount of money you’ll receive for the land it’s appropriating.
In real estate, land condemnation happens when the government takes private property through eminent domain or other purposes. In a condemnation process, the court usually decides if the taking is legal and gives fair compensation. This article will dig into the topic of real estate condemnation.
Grasping the Concept Of Condemnation
The term ‘condemnation’ refers to the legal means by which a piece of land is acquired. Both public agencies and commercial businesses can carry out the operation. As was said above, the procedure is meant to achieve a certain goal, such as improving health and safety or serving some other public purpose.
The procedure may be short-term until the underlying issues are resolved and remedied. On the other hand, they could be permanent and force property owners to go through eminent domain. When the government seizes or transfers control of a building, demolition and rebuilding are the next steps.
Local governments issue condemnation orders when they think a building is unsafe for people to live in and could damage other buildings in the area. Others, like those abandoned, in bad shape, or not well taken care of, may be torn down if they bother the neighbors. Whether occupied or not, these structures are not suitable for human habitation. If you received a condemnation notice, immediately contact an eminent domain attorney.
Condemnation Notices And Legal Protections
The Fifth Amendment to the U.S. Constitution says that state and federal laws will protect you as a landowner. The rights of those who own private property include:
1. Public purpose
According to the Fifth Amendment, the government must have a legitimate public use for it to condemn private property. Even though there’s no single, agreed-upon definition of ‘public purpose,’ the government can only take private property in certain situations.
2. Due Process
The government must provide all individuals with due process of law before seizing their property, as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution. Before the government can take land through eminent domain, the owners must have a chance to say what they think. There needs to be enough detail in the notice to give landowners and other interested parties a chance to reply.
3. Just Compensation
The Fifth Amendment ensures that those whose property is taken under the threat of eminent domain are fairly compensated for their loss. Just compensation for property taken through eminent domain is money paid to the property owner in exchange for the loss of the owner’s property. The property owner can get paid for the value of the items taken and for damage to the rest of the property.
4. Reimbursements
All legal fees, moving charges, appraisal or survey fees, and other expenses incurred due to the government’s eminent domain may be reimbursed in full or in part under the laws of many states.
5. Dispute
If the government tries to seize your property, you have the legal right to hire an attorney and fight back. You should hire an eminent domain attorney to help you determine if you have a case against the government’s use of the power of eminent domain. They can also negotiate fair compensation for your property and keep you on track with eminent domain litigation’s many processes and requirements.
How Can an Eminent Domain Attorney Help
With the help of eminent domain attorneys, you can determine how fair the compensation is. These attorneys will review and evaluate the offer at no cost. Your eminent domain attorney will typically accept your case on a contingency fee basis. Attorney fees and costs are generally recoverable in court in the majority of states.
For property owners to get full payment for their claims, the law says that the government has to pay for all costs, like hiring an attorney. You can still hire an attorney on a contingency fee even if your state doesn’t mandate government reimbursement of costs and fees. A contingency-fee attorney is only paid if their client receives a financial reward.
Finally, in some areas, the government may cover the cost of your attorney if you hire one to fight the government’s right to take, file an inverse condemnation claim, or seek additional damages.
The Takeaway
If a government agency decides that your property must be taken for a public purpose, you won’t be able to get it back. The government and quasi-government organizations can legally seize private property.
Landowners can hire their own attorneys and appraisers to fight for the amount of compensation they believe is fair. Your strategy for selling the home you don’t want to give up could result in a far higher price than you expected.
Join the conversation!