Highways are an integral part of the transportation system across the United States. Without major highways, it would be extremely difficult to travel in a timely manner and would largely inhibit many activities that we enjoy on a daily basis. The U.S. Department of Transportation1 and state transportation agencies are all constantly searching for ways to improving the highway systems to keep motorist safe and avoid obstacles.
Unfortunately, with the benefits of updated highways comes many potential adverse effects on the landowners in the area. In order to build new highways or expand existing ones, often the construction must encroach on residential and/or business properties. The existence of these properties will rarely stand in the way of the government when beginning highway projects, as the government has eminent domain powers that allow it to claim the lands from the private owners.
Legal rights of property owners
While eminent domain powers may seem unfair to landowners who have worked hard to own their valued property, these powers are very real and affect many people in the U.S. on a regular basis. While a few eminent domain actions can be outright challenged, highway projects are often considered to be a valid use of eminent domain powers because the improvements to the highway system qualifies as a “public use” under the Fifth Amendment of the U.S. Constitution.2
Even if you cannot challenge the condemnation of your property, you should always ensure that you receive full and just compensation for the loss of your property. An experienced attorney can review your case and negotiate on your behalf so that you receive the full amount you deserve.
At the law office of Sever Storey, LLP, our highly experienced condemnation attorneys understand how the government can widely exercise its eminent domain powers to complete large-scale highway and development projects. We also understand the importance of upholding the rights of any and all landowners affected by such projects. If your property ownership has been threatened by eminent domain, you should contact our office to learn about your legal options and rights. Call today at 888-318-3761 for assistance.
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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