DO I HAVE TO TAKE THE AMOUNT THAT THE STATE IS OFFERING FOR MY PROPERTY?

No. The state is required to pay you just compensation for your property. You have a right to challenge their determination of value. In many instances a landowner is at a serious disadvantage in properly determining value. Competent advice is essential at this stage of the process.

HOW DO I PROPERLY VALUE MY PROPERTY?

The valuation of your property is one of the (if not the most) important parts of your condemnation case. Valuations should be made by expert appraisers with condemnation litigation experience in conjunction with your legal counsel.

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FREQUENTLY ASKED QUESTIONS

IT IS OUR PLEDGE THAT WE WILL PROVIDE A FREE CASE REVIEW FOR ANY INDIVIDUAL OR BUSINESS FACING EMINENT DOMAIN OR CONDEMNATION.

IT IS STILL OUR PLEDGE THAT WE WILL PROVIDE A FREE CASE REVIEW FOR ANY INDIVIDUAL OR BUSINESS FACING EMINENT DOMAIN OR CONDEMNATION.

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TONNY STOREY
ATTORNEY AT LAW

FAQS: Eminent Domain Law

Q: WHAT IS EMINENT DOMAIN

Eminent domain is the process by which states and localities have the right to condemn and force the sale of private property usually in order to serve a public purpose. Condemnation is the act of a government exercising its power of eminent domain, not to be confused with the legal process where a building is designated as no longer fit for habitation.

Q: WHO CAN TAKE MY PROPERTY?

Federal, state and local municipalities have the power of eminent domain. However, in some situations these bodies have delegated that authority to administrative agencies, local boards and public utilities. Moreover, following a recent Supreme Court decision, land can be taken by private enterprises where a public economic interest can be served.

Q: FOR WHAT REASON CAN THE STATE TAKE MY PROPERTY?

The state can use its power of eminent domain in furtherance of a public purpose. In general a public purpose includes acquisitions for roads, parks, airports and schools. In some instances a public purpose can even extend to takings made for economic purposes or to remove flight. See the following FAQ for more detail.

Q: WHAT IS A PUBLIC PURPOSE?

There is no one specific definition of “public purpose.” The courts have been incredibly liberal in allowing legislatures broad authority in answering that question. Traditionally, a public purpose project was seen as a school, highways, or airports. In recent years the courts have recognized more private enterprises as fitting that public purpose, e.g. economic development zones and specialized technology parks.

Q: DOES THE STATE HAVE THE RIGHT TO TAKE MY PROPERTY?

As with all things, it depends. The state has the power of eminent domain to acquire your property. In many instances it is very difficult to stop the state from taking your property. In the event that you wish to challenge a condemnation the state must prove court that your property is reasonably necessary for a public project. Before challenging a state taking it is important that you contact competent legal counsel.

Q: HOW WILL I FIND OUT THAT THE STATE (OR ONE OF ITS AGENCIES) WANTS MY PROPERTY?

Normally, a property owner will know well in advance that their property is being sought for acquisition. Before instituting any type of condemnation or eminent domain proceeding states are typically required to enter into purchase negotiations with the property owner. Remember, the property owner does not have to accept the State offer.

Each state has different laws concerning the way in which the government can seize real property from owners. The following questions and answers apply generally to most states. Please contact Sever Storey Law to gain guidance if the state or one of its agencies is trying to take your property. It is best to have an experienced lawyer on your side to protect your rights and hold the government fully accountable.

Eminent Domain

7 Examples of Eminent Domain

Can the Government Take Private Property From an Individual?

Can You Fight Eminent Domain?

Does Eminent Domain Affect Your Taxes?

Does the State Have the Right to Take My Property?

Eminent Domain vs Condemnation

How Are the Courts Involved in Eminent Domain Cases?

How Does Due Process Limit Eminent Domain?

How Does Eminent Domain Devalue Farmland?

How Does the Eminent Domain Compensation Process Work?

How Long Do Eminent Domain Cases Take to Resolve?

How to Fight Eminent Domain

What is a Public Purpose?

What is Eminent Domain?

What Is Just Compensation for Eminent Domain?

Property

Do I Have to Take the Amount the State is Offering For My Property?

For What Reason Can the State Take My Property?

How Do I Find Out That The State (Or One of its Agencies) Wants My Property?

How Do I Value My Property with Eminent Domain

How to Protect Your Property from Eminent Domain

What Is a Utility Easement?

Who Can Take My Property?

COMMERCIAL PROPERTY

What are the unique issues that face commercial property owners in condemnation that can make all the difference?

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POWERLINES & PIPELINES

Landowners forget this one thing when dealing with utility companies that want an easement across their land.

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ROAD & REDEVELOPMENT TAKINGS

What you need to know to be treated fairly by the condemning authority.

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CONTACT US

Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761

* DIsclaimer: Form submission doesn’t constitute a client-attorney relationship/contract.

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FAQS: Eminent Domain Law

Eminent Domain

Property

COMMERCIAL PROPERTY

POWERLINES & PIPELINES

ROAD & REDEVELOPMENT TAKINGS

CONTACT US

Alpharetta, GA

Austin, TX

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Dublin, OH

Springfield, IL

Winston-Salem, NC