Thousands of landowners face losing their properties in eminent domain actions on an annual basis throughout the United States. Too many owners believe they have no right but to surrender their land and accept the offer for compensation initially made by the government. It is, as they assume, one of the most powerful government in the world going up against a single property owner.
While the government does have extensive experience in condemnation cases to acquire lands for a variety of uses, the U.S. Constitution1 and eminent domain laws also protect certain rights of the property owner. Therefore, if those rights are not being upheld by the government’s actions, you may fight to protect your rights and negotiate to receive a better result. Since you are negotiating with the government, however, it is imperative to have a skilled condemnation attorney on your side.
The extent of the taking
The government is not allowed to take more of your land than is necessary to complete a project. For example, if a utility company needs to lay pipe through your land and the government wants to claim the entire property to do so, an experienced attorney can argue that only a portion of your land is necessary to effectively lay the pipe. It may be the difference between you losing all of your land including your house or simply losing part of your yard. While this type of negotiation is not available in every case, one of our lawyers can identify whether it is an option for you.
Obtaining just compensation
The government is required to provide just compensation for any lands taken under the 5th Amendment.2 However, the overwhelming majority of initial offers made by the government are exceedingly low. An attorney can help you accurately appraise your land and negotiate with the government to make sure you receive full and fair compensation for all of your land. We can represent you in court if necessary.
Call a skilled eminent domain lawyer to find out how we can help you
At the law office of Sever Walker Padgitt, we are committed to ensuring all landowners are properly protected in condemnation actions. Call our office at 888-318-3761 for assistance today.
References:
1https://www.law.cornell.edu/constitution-conan
2https://www.law.cornell.edu/constitution/fifth_amendment