If your private property is being condemned, it is important to understand your rights and options as a property owner. Here are some steps to take to leverage power when you're threatened with private property condemnation:
Understanding Private Property Condemnation
To build roads, highways, schools, and/or address other public needs, the government can seize public property, without the consent of the private property's owner.
As a property owner, you have certain rights when it comes to private property condemnation. A private property condemnation attorney can review the specifics of your property and the condemnation notice issued by the government. For instance, if your private property is being condemned to build a new road or highway, your private property condemnation lawyer can request an additional review of the government's proposed plans.
Negotiating a Deal
The government cannot condemn property without offering appropriate damages to the private property owner. These deals are typically calculated based on the land values of the properties in the area. However, not all deals made by the government are adequate.
When the government or public entity makes an offer to purchase your property, it is important to carefully evaluate the offer. You should consider factors such as the value of your property, any damages that may result from the condemnation, and any relocation costs you may incur. Your attorney can help you determine if the offer is fair and reasonable. In most cases, the initial offer should always be countered.
If you feel that the offer is not fair or reasonable, your attorney can help you negotiate a better deal. This may involve negotiating for a higher price or seeking compensation for damages or relocation costs. Because the government or public entity will want the deal completed promptly to enable the building to commence, you can leverage the threat of delays in exchange for a better settlement.
Fighting Back
If your private property condemnation attorney feels like the deal being offered by the government is not sufficient and/or they end the negotiation process, it might be time to file a lawsuit.
If negotiations fail and the government or public entity moves forward with the condemnation, you may need to file a lawsuit to protect your rights and interests. Your attorney can help you navigate the legal process and advocate for your rights in court.
Even if the court rules against you, you may have the option to appeal the decision. Your attorney can help you determine if an appeal is appropriate in your situation and guide you through the appeal process.
Contact a local law firm, such as Wukela Law Firm, to learn more.
Share