Challenging Eminent Domain

Attorneys committed to handling eminent domain cases

Your home, farmland, or other type of property is likely one of your most valuable and valued possessions. When the government wants to take part or all of your property for its own use, your first instinct is likely to challenge the taking. Unfortunately, though a taking may be unfair, it can be extremely difficult to stop the taking altogether. However, if your property is threatened, you should always consult with an experienced eminent domain lawyer in Indiana to find out whether fighting the taking is feasible and to learn what your other options may be. In a case in which you do decide to challenge the eminent domain action, having the assistance of an attorney who understands how to present an effective challenge is imperative.

At the law office of Sever Walker Padgitt, LLP, our attorneys are solely focused on eminent domain cases and, therefore, have a thorough understanding of how to help clients facing the condemnation of their property. Please do not hesitate to call us today at 888-318-3761 to schedule a free case evaluation today.

Methods of challenging eminent domain

There are two primary ways to challenge the grounds on which an eminent domain action is based, as follows:

1.) Challenge that your property is not necessary for the project.

2.) Challenge that the project planned is not actually for “public use.”

Though “public use” has been quite broadly interpreted by the courts, it is still possible to challenge whether the intentions of the government qualifies as “public use” under eminent domain laws and the United States Constitution. Additionally, an attorney may be able to identify reasons why your property is not needed to complete the project or may show that area the government is trying to take is too extensive. Either way, if a taking is not justified, an experienced eminent domain attorney can help you fight for your right to maintain ownership.

Even if you are unable to challenge eminent domain based on the reasons for the taking, you still may be able to present a challenge based on procedural failures on the part of the government. Though this may only delay the taking, at times delay will result in complications and added expenses for the project and may even result in the cancellation of the project. Even if the project and the taking do occur, you will at least have more time to plan for your next move.

Contact an experienced condemnation attorney for assistance

If you are facing an eminent domain action, please do not delay in calling the lawyers at Severe Storey, LLP to discuss your case at no cost. Waiting to meet with an attorney or trying to handle your case on your own can often result in the unnecessary taking of your home or land. Our entire practice is committed to handling eminent domain cases and to helping landowners protect their legal rights against unfair government action. Consultations are always free, so please call today at 888-318-3761.