Many cases implicating the use of eminent domain1 never go to court. Generally speaking, what happens is that a representative of a government agency or a private party that is authorized to use eminent domain approaches a homeowner and makes an offer to purchase the property in question.
While it is possible to challenge the exercise of the eminent domain power itself, in practice the issue that generally needs to be resolved is the amount of money that the landowner will receive in exchange for his or her property. This is due to the fact that the power of eminent domain is expansive and well-established, and often landowners do not want to spend the time and resources that would be involved in challenging a close case.
How can an Attorney Help Before a Case is Even Filed?
Many people are under the mistaken impression that a legal case must be filed in order for an attorney to be able to help. In reality, a lawyer can be of significant assistance in the negotiation process regarding the amount of compensation you will receive for your property. The 5th Amendment2 requires that landowners receive “just compensation” for their property, a term which is not defined in the Constitution. As a result, there is significant room for interpretation and there are often substantial disagreements about what a property owner thinks his or her property is worth and what the government (or private party) is offering. The assistance of an attorney can ensure that you receive the fair value of your property by establishing what you would receive if your case went to trial.
Contact an Eminent Domain Attorney Today to Protect Your Legal Rights
The exercise of eminent domain to take your property can feel invasive and it can be difficult to know whether you are being treated fairly. For this reason, it is important to retain an attorney as soon as you recognize that another party may be interested in your land. To speak with an experienced eminent domain attorney who is committed to representing the rights of landowners, call Sever Walker Padgitt today at 888-318-3761 or contact us online.
1https://www.law.cornell.edu/wex/eminent_domain
2https://constitutioncenter.org/interactive-constitution/amendments/amendment-v
