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In parts 1 & 2 of this 3-part blog series, we discussed eminent domain generally, the public use requirement, the concept of just compensation, how an eminent domain case begins, refusing to sell, and challenging an attempted exercise of eminent domain. Here, we’ll explore a few more concepts, including how much it will cost you to retain an eminent domain lawyer. For more information, call our office today to schedule a free case evaluation with one of our attorneys.
In a “regular” condemnation action, the party seeking to obtain a property through eminent domain files an action with the court. In an “inverse” condemnation action, however, the parties are switched – the landowner brings a lawsuit against the condemning authority in order to obtain just compensation for the property taken.
Many landowners hesitate to contact an attorney due to their perception that it will cost them a significant amount of money. In most eminent domain cases, this couldn’t be further from the truth. In cases where we are trying to maximize the amount of money that a landowner receives, we will only collect compensation in cases where we help the landowner get more than he or she would have received. In addition, our fee only applies to the amount in excess of the amount originally offered. Here’s a hypothetical example showing how it works:
It is important to understand that because of this fee structure, you can never receive less money because you hired an attorney, only more. As a result, it can only cost you NOT to hire an attorney to represent you in your eminent domain case.
Typically, it is best to contact an attorney who practices in eminent domain law as soon as you know you are aware of the fact that your property may be affected by an impending project. That being said, it is never too late to retain an attorney during the eminent domain process, and an attorney can begin to represent you at any point. That being said, the earlier an attorney becomes involved, the better, as the representation of a lawyer can make the process go much more smoothly and quickly than it would if you represented yourself.
If you are concerned that your property may be affected by eminent domain or are in the midst of an active dispute, you should contact a lawyer as soon as you can. At Sever Storey, we are committed to protecting landowners’ rights and do everything we can to ensure that our clients obtain the compensation to which they are entitled under the law. To schedule a free case evaluation with one of our lawyers, call our office today at 888-318-3761 or send us an email through our online contact form.
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What you need to know to be treated fairly by the condemning authority.LEARN MORE