DELAWARE EMINENT DOMAIN ATTORNEYS

Eminent Domain & Condemnation Attorneys - Delaware

No landowner wishes for their land to be condemned, but in some circumstances, it can be unavoidable. Though the process of eminent domain is often intimidating, having the right attorney by your side can make all the difference.

Sever Storey offers its experience for landowners facing eminent domain in Delaware. We hold condemnors accountable at all levels, including state, local, utility, and federal groups.

What Is Eminent Domain Law in Delaware?

Delaware law defines eminent domain as the right of the government or certain private groups to seize privately owned land and use it for a public project. This means landowners may have their property taken on short notice for the purpose of making a highway, public building, pipeline, or for numerous other reasons.

What Should Landowners Do After Receiving An Eminent Domain Notice in Delaware?

Receiving an eminent domain notice can be overwhelming, but landowners need to keep calm but take action quickly. Though the notice may seem sudden to the landowner, the condemnor may have planned the seizure for months or even years.

Here’s what to do if you are facing eminent domain in Delaware:

- Find an experienced eminent domain attorney in Delaware: A skilled eminent domain attorney is the most important person to have by your side as you go through the process of eminent domain. They will be an essential resource, sounding board, and advisor throughout the journey, fighting for your rights when no one else will.
- Understand your rights: It may feel like the condemnor is all-powerful, but landowners have rights in the process of eminent domain, too. Those rights will be explained by your attorney, who knows how to use them to your advantage.
 - Allow your lawyer to negotiate on your behalf: It may be tempting to negotiate with the condemnor on your own, but you’ll have a better chance of favorable results if you allow your experienced attorney to negotiate for you.

Eminent Domain Just Compensation in Delaware

Just compensation is a term frequently used in eminent domain cases. So what does it mean? Technically, the condemnor is legally required to offer the landowner compensation that is equal to the market value of the land. But as you can imagine, many landowners end up with an unsatisfactory offer and lack the skills to negotiate a fair deal. Luckily, an eminent domain attorney in Delaware can help secure the greatest possible compensation.

Eminent Domain Relocation Costs in Delaware

Relocating a home or business can be costly, but it is the condemnor’s duty to foot the bill. Yet, these relocation costs are often underestimated by condemnors--or not offered at all--and it takes the right attorney to ensure all of the relocation benefits are recouped.

What Are The Limits of Eminent Domain in Delaware?

Despite what it may seem, there are limits to eminent domain in Delaware. For example, condemnors in Delaware are required to:

- Negotiate compensation with the landowner.
- Provide some justification for the initial offer issued to the landowner.
- Provide notice of eminent domain.
- Serve notice of eminent domain proceedings.

How Long Do Eminent Domain Cases Take in Delaware?

Eminent domain cases vary in duration. Some cases may last just a few months; while cases requiring litigation may last eight months, a year, or longer. Many factors influence eminent domain timing. It’s best to consult an attorney to learn what to expect.

Can Eminent Domain in Delaware Be Stopped?

In reality, the majority of eminent domain cases in Delaware can’t be completely halted. It might be possible in some rare cases, but it is not the standard outcome. Still, there is hope—the right attorney can help landowners secure greater compensation, relocation benefits, and fair treatment in the courts.

How Sever Storey Can Help You

Sever Storey is a team of expert lawyers committed to protecting the rights of landowners in Delaware. If your commercial building, farm, or residential property is being taken, we can fight for your rights and ensure justice is served.