GOVERNMENT PROPERTY TAKINGS ATTORNEYS
EMINENT DOMAIN & PROPERTY TAKING CASES
Eminent domain and property takings administered by the government require a public use finding for condemnation and eminent domain rights. This means the government has the right to take your land if it is determined that the land is needed for public use. Common reasons for government property takings are to make way for public roads, stadiums, railroads, parking lots, schools, and other public developments. When the government meets sufficient public use requirements, it then has a constitutional right to condemn your property.
Although the government has the right to take your land, the Fifth Amendment to the U.S. Constitution guarantees that you are paid a fair value for land seized by the government. Unfortunately, the word “fair” is highly variable and often determined by the government.
The experienced eminent domain attorneys at Potts Law Firm can help you seek the actual fair market value for your home, property, or business when your land has been seized by the government. We understand the complex laws and regulations involved in these cases and are committed to protecting your rights.
Contact Potts Law Firm today to learn more about your rights regarding government eminent domain and property takings. Call (888) 420-1299 for a free consultation.
UNDERSTANDING EMINENT DOMAIN
Outlined in the Fifth Amendment to the U.S. Constitution, eminent domain refers to the right of local, state, and federal governments to seize private property for public use. Under eminent domain, the government agency must provide “fair” payment of compensation to the property owner. Although many government takings involve real estate property, eminent domain is not solely limited to real property.
In fact, eminent domain may apply to the following types of private property:
Additionally, the government may seize either an entire property or part of it, temporarily or permanently.
The process of taking private property is known as “condemnation proceedings.” During condemnation proceedings, the property owner may challenge the legality of the seizure under eminent domain, as well as the fair market value offered for the property as compensation.
RIGHTS OF PROPERTY OWNERS IN EMINENT DOMAIN CASES
Under the Fifth Amendment, property owners must be justly compensated—i.e., they must receive the fair market value in compensation for their property—in government takings. Unfortunately, property owners are not the ones who get to decide what the “fair market value” of their property is; that is left up to the government agency engaged in eminent domain.
Most often, the government entity will hire an independent appraiser to come in and assess the value of the property being expropriated. In many cases, the assessment by the independent appraiser is based on older sales and does not accurately reflect the fair market value of the property. These appraisers are often interested in simply obtaining a uniform value for all properties involved.
As the property owner involved in an eminent domain case, you have the following rights:
It is important that you understand and protect your rights. Most importantly, you have the right to seek counsel from an experienced government takings attorney, like those at Potts Law Firm. An attorney will be able to further explain your rights and ensure that your best interests are protected throughout the legal process.
CAN YOU STOP EMINENT DOMAIN?
While you have the right to take legal action against a government entity that is attempting to condemn your property under eminent domain, you should know that property owners face an uphill battle when it comes to stopping eminent domain. Generally speaking, the only way to successfully stop eminent domain is to prove that the government does not plan to use your property for a justified public use.
However, there are other instances in which you may wish to take legal action following government takings. One common reason for eminent domain legal action is the improper valuation of property and unjust compensation based on inaccurate fair market value. In other words, if you believe that the government agency has failed to offer full compensation for the fair market value of your property, you could be entitled to compensation for your damages.
COMMON DAMAGES IN EMINENT DOMAIN CASES
The various damages available in eminent domain matters vary from case to case. That being said, some of the most common types of damages in these cases include:
Our eminent domain attorneys at Potts Law Firm can review your case and determine whether you have grounds for a claim. We can also assess the types and value of damages you may be entitled to receive. Reach out to our firm right away to schedule a no-cost, no-obligation consultation.
There are no costs to you unless/until we win your case. For more information, call (888) 420-1299 or contact us online to get started with a complimentary case review.
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EMINENT DOMAIN ATTORNEY
Issues involving government takings and eminent domain are very complex. If you believe that you have sustained damages, it is important that you work with an experienced attorney who can protect your rights and advocate for you against the interests of large, powerful government entities.
At Potts Law Firm, we seek to level the playing field for property owners who have suffered losses due to unjust government takings, unfair valuation of property, and other eminent domain-related issues. Our team has extensive experience representing clients in complex eminent domain cases—and we have a long history of success. Whether you wish to challenge the validity of the government’s seizure of your land, or you need help seeking the actual fair market value of your property, we are ready to help.
REQUEST A FREE CONSULTATION WITH OUR EMINENT DOMAIN LAWYERS
With multiple locations in various states, Potts Law Firm proudly serves clients in complex government-taking and eminent domain
cases nationwide. We have handled cases involving local and state governments, as well as the federal government. Our firm has the resources to aggressively pursue these claims, and we act quickly to initiate legal action.
The government cannot typically take your property for non-public use; however, there are exceptions.
Yes. The government is required to pay you for your property, but the valuation of your property can be contested.
The condemning authority will typically hire an independent appraiser to evaluate your property. These appraisers often have an interest in obtaining a uniform value for all of the properties, will use older sales to justify their valuations, and can be locked into sales that are not truly comparable to your property.
Things that are not compensable for your eminent domain case:
Yes. The government has the right to take your property, but only if they meet the public use requirements.
TESTIMONIALS
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At Potts Law Firm, we believe the details of your case matter and we work tirelessly to pursue just compensation on your behalf. Our team of experienced attorneys and staff are backed with the resources they need to win regardless of the obstacles your case faces. We do this all while keeping an open line of communication with you.
For assistance from our experienced legal team, please contact us online or call (888) 420-1299 today.
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