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Whether you need to go to court in your eminent domain case really boils down to whether you reach a satisfactory agreement for the amount of compensation you receive with the governmental entity that takes your land. In many cases, especially simple ones, the landowner and the condemning authority reach an agreement for the amount of compensation the landowner will receive for the taking and completely avoid the court system. More complex government takings, such as those involving the taking of a business or a taking that involves severance damages, will often require the assistance of a court to resolve. To evaluate whether your eminent domain case must go to court, we will first take a look at the general steps in an eminent domain case and then discuss common reasons why these cases go to court.
Although every case is different, your eminent domain case could take three standard paths:
As outlined above, you only need to go to court if you cannot reach an agreement with the government entity taking your land. Although every case is different, eminent domain cases that make it into court often involve two main issues:
If you do not dispute that the government is taking your property for a public use or if you are able to negotiate what you think is a fair price for your land, then your case likely will not have to go to court.
If you face condemnation proceedings, you do not have to fight the government alone. A skilled eminent domain attorney will vigorously assert your interests and get you the fair compensation you deserve. Please contact the condemnation attorneys at Sever Storey to discuss your case by calling (888) 318-3761.
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