When people hear about eminent domain, they get really anxious about their property and rights. Several times, the communities have protested against the big businesses that have abused the rights under eminent domain to occupy the citizens’ lands for their industries. However, the eminent domain process is completely legal and has a set of regulations that need to be followed to respect every citizen’s rights to receive fair compensations. The government needs to prove to the court that the property is necessary for public use in order to legally process the eminent domain. They also need to provide fair compensation to the property owner in order to make the deal. Without these two factors, the government cannot force a property owner to sell their land. Here are the properties that can be taken by the government under eminent domain.
The common property types
The most common type of property that the government acquires is barren lands that are useful in creating projects such as airports, stadiums, government buildings like hospitals, etc. Getting land under eminent domain is easier for the government than buying homes. You may own land in the middle of the city that the government requires. It can be used to build a public property like a school or a new road. If the government justifies the requirement of your property for the construction of public use, they can start negotiating with you to find a fair price to buy the property from you. The next in line property types include independent houses, office buildings, and shops. The government can either use or destroy the previous buildings to create new ones.
The uncommon property types
When the government proves that they need the property for public use, they will find a way and price to purchase the property from the owner. If the owner fails to make a deal on time, they will have to present their case in court. Under the eminent domain law, the government has the power to seize almost anything they need. But there is one rule that can be used to determine whether the government can purchase a property or not. If the property has ownership components in it, it can be obtained under eminent domain. The government can, however, not take away intangible assets like a brand or an invention that you created. Your business idea or a machine invention to bake bread cannot be purchased by the government in any case.
Learn about your rights
Before it is too late, you must learn about the rights that you get under the eminent domain law. The government may have the upper hand to take your property from you, but you receive a lot of other benefits such as fair market value and additional compensations for selling your property. Take the help of an attorney and a team of consultants to make sure that you receive the best price on selling your property to the government. If you would like to read books about our rights head to Must See Reviews and they have a full book section.
When an eminent domain case hits your doorstep, know that the government requires your property for the development of public resources and the city’s development. One way or the other, the government is going to acquire your land or property legally. People do not realize when they are struck with an eminent domain case. But all they need to know is that they will have to sell their property to the government while they receive fair compensation for it. As long as the government needs your property for public use, they have the right to come for it. With the help of an eminent domain expert attorney, you can learn about eminent domain and its process. It is important to know everything about the eminent domain process to confidently determine your property’s end results. Here are the eminent domain related questions you should ask your attorney.
Is my property at risk?
Many property owners fail to realize that when they receive an eminent domain notice, it is serious, and they will have to come to an agreement sooner or later. The government only needs to prove the importance of your property in the development of public resources to legally buy the property from you. Do not take eminent domain cases easily and wait for the deadlines. Acquire enough information about your property to understand whether your property falls under the category of government’s requirements, so you can deal with the case better.
What to expect from the compensation?
When you figure out that the government really needs your property, you should not waste any time in protesting against it and figure out what you will receive in return. The government will offer compensation on the fair market price for your property. But you can always choose to negotiate the offer considering the aspects that the government skipped. The government will not leave your property, so you have the advantage of putting forward a better offer. Hire your own appraiser to find a better deal for your home.
Is there a way to keep the property?
The higher chances are that the government will buy the property from you in one way or the other. However, if you can prove in the court that your property is not essential for the government to work on its project, you can see a window right there. If you can prove that your land is not truly needed for public use, you can reject the offer and keep your property. Another way you can stand against the government is by rejecting their offer as it is not fair. But in this method, you will only be able to postpone the eminent domain process for later as the government will come with another offer if it is serious about purchasing your property. These are the only two ways of escaping the eminent domain notice. If you have further questions you can ask long island kitchen remodel as they also deal with eminent domain issues.
The eminent domain provides the government the right to compensate for a private property owned by a citizen to use it for public welfare and development. One way or the other, the government will try to take over your property if it is required for the development of public use. However, there is nothing to worry about as the compensations provided by the government for your private property will be way more profitable than what you can actually sell to a real estate agent. This is because the government is obligated to pay full compensation to the property owner if they really want to occupy their land. The government may also pay for the moving costs, engineering, appraiser fees, attorney fees, and other compensation requirements demanded by the owner if proven legit. But, one should always be careful about negotiations, and one bad move can result in bad compensation. Here are the mistakes that you should definitely avoid during an eminent domain action.
Negotiating without a consultant
Most people do not feel the need to hire a consultant for themselves as they feel they know about their property more than anyone else. But a team of attorneys, appraisers, engineers, contractors, surveyors, and business damage experts will always be beneficial in identifying the true worth of your home. You will have to deal with the appraise from the government’s side, and it is best that you have a consultant of your own to counter their proposals with better ones. The taking authority will pay for the fees of consultants you hire, so never let the deal done without a consultant of your own.
Learn what is compensable
People often make the mistake of understanding what is compensable. Eminent domain has a list of rules to identify what is compensable and what is not. Make sure you know these regulations or take the help of an expert, or you can face a loss of what you could compensate. Some compensable like business damages is something you should know when you are selling small business property.
Ask for non-monetary benefits
Do not forget to ask for the non-monetary benefits like adding a curb cut to the roadway design, additional time to stay in the property after compensating, and other such benefits. Use expert guidance to learn about every non-monetary benefit that you can get from your deal with the government.
Understand the eminent domain procedure
If you fail to understand the procedure of eminent domain, you may face troubles while moving or getting the right help. Learn about the deadlines and procedures properly to ensure maximum recovery for your property during the compensation. Be sure to have the right signs up, we suggest metal signs to stand up to the weather.
Do not hire the wrong consultants
Make sure that you are taking help from a professional who has dealt with eminent domain for several other clients. Take referrals from your neighbors to find a consultant that can get you the best deal. Hiring a bad consultant who cannot communicate your requirements properly to the taking authority can cost you in at the negotiation table.
The government can occupy a private property under eminent domain rules if the property is needed for public welfare and development. In return for the property, the government has provided compensation to the property owner according to the fair market value. Buu the compensation provided for the first time is not always the best offer you can receive. You can receive your very first offer on the same day an appraiser from the government’s side visits your property. No matter how attractive their offer may look at the time, you should refrain from taking it. When the government desperately wants your property, you get plenty of room to negotiate the compensation with them. If you rush your eminent domain process, you may leave out a lot of benefits that could be yours if you waited. Here are the reasons to avoid the first deal in an eminent domain process.
Take expert’s advice
You will need a consultant to represent your pitch to the appraisers from the government, so you can get the best compensation for your property. You can find an attorney who specializes in eminent domain cases and can connect you to a network of engineers, appraisers, business damage experts and create a team to help you with your eminent domain case. When you are dealing with an eminent domain case for the first time, take the help of an attorney to verify whether the deal is justified or still negotiable. They will provide you an idea of where the offers can go if you reject the first deal.
Information gathering is necessary
The more informed you become of your property, the better you will be able to negotiate with the government on the compensation. When you get the first order, there is a high chance that the negotiator did not utilize all the aspects of your property to make the offer. You can take the help of your own appraiser to find out the fair market value of your home. An appraiser can look for a similar property that was being sold recently and compare your first offer with the value for that home. You will know when the government is trying to lowball you.
You can always negotiate
It is your right as the property owner to negotiate the offer with authority. The eminent domain process will keep going until you accept an offer or visit a court to let the judge decide the fair market value. You just have to be smart enough to deal with the negotiation yourself to gain as many benefits as you can before the government starts to dislike your approach. An attorney can help you find the right information to make a legally justifiable negotiation. Always have at least one counteroffer that is planned with the help of experts.
Eminent domain is the power that the US government, states, and municipalities can use to acquire private property for public use while compensating the land with compensation. It is a right that the US government can use to usurp any private property in the US for public use while providing fair compensation that the property owner agrees with. Any property from airspace to land and intellectual property can be made public under the eminent domain right. In the legal issues where the owner is not fairly compensated or has no intention to give the property away, the government can be condemned for abuse and can be protested.
Eminent domain is the government’s right under the Fifth Amendment of the Constitution, under which the property is taken through condemnation proceedings. The owner can challenge the condemnation for a fair market value needed for compensation of the property. Common examples of condemnation are land and buildings that are needed to be used or replaced for public projects.
Eminent domain abuses
The government may require a property acquired by a citizen for the construction of a public project, which can be building highways, trade centers, parks, etc. Eminent domain can only be used for improving the city and making the property publicly available. But the citizens have reported the abuse of eminent domain by the big businesses. The big businesses are seizing the land of the citizens by promising more jobs and a boost in tax revenues. Seizing private property from citizens has become abuse. The people are enraged by the idea that such big businesses are condemning the homes and small businesses to promote private development. Several states have passed new laws to consider the demands of the citizens to prevent such eminent domain abuse.
What is inverse condemnation
When the government fails to provide fair compensation for private property, the owner of the property can reject the offer. The citizens can sue the government under inverse condemnation for taking the property without providing fair compensation. They have been used to address the problems of water pollution and environmental problems that are caused by the projects running under the government. For example, a property given to the government is now running an electrical plant, but the electrical utilities have been found responsible for causing economic damages to the locality by starting a wildfire. Similarly, any damage caused to the people by these projects from the government can be compensated under inverse compensation. The government will have to pay for the damages caused to the area by their projects if they are held and proved accountable for the damage.
While eminent domain is a right that the US government, states, and municipalities have to take away private property from citizens for public use, it is a complex right that works in favor of the citizens today. With the right awareness, a citizen can rightfully protect their private property from trespassers and such legal abuses.
There can be many new projects around your city in its development stage, which requires a lot of areas that can be public or private property. When an area of land is own by a citizen, the government will need to negotiate with the owner to buy the property with reasonable compensation. While not everyone faces such conditions, but if you are living near a developing area which can become the future airport in your city, you may hear from the government soon. The government will either negotiate with you for the property or will attempt other means to occupy your property if you refuse. That is why you need to be prepared to deal with the government if you sense that they are definitely going to try their best to get your property.
The eminent domain gives the right to the government to take private land from their legal owners for public use. The property owners rarely get successful in stopping the government from taking away their lands. However, citizens have the full right to receive fair compensation. The majority of the citizens who try to compensate for the land are successful in receiving a better deal from the government.
How powerful is Eminent Domain
Eminent domain entitles federal and state governments as well as the municipalities to take the property that is required for legitimate public use. Remember that the court will speak in favor of the government in most cases if their pitch for using the land for public use seems legit. Under the Fifth Amendment of the US constitution, the government will have to make fair compensation for the property, and if the owner is not satisfied with it, they will need to renegotiate. From this, we understand that property owners should use their time and energy to receive better compensation than having to object to the government.
What to do?
When the government picks your property for development, you will get notified by mail or by a direct agent. Before anyone from the government’s side makes an offer, an appraiser will visit your site to check the size and condition of your property. The appraiser will assess the condition and size of the property. You will also receive a copy of the appraisal. Review the copy carefully and check all the points made as it will help you in determining your compensations and leading your negotiations.
As a property owner, you will always have a better position to negotiate compensation. The government is always prepared to offer more than the initial amount offered. There are different procedures for negotiations in different states. You will need to learn how the negotiation takes place in your state. Take the help of a lawyer to understand how the procedure works. If you do not like the price offered by the government, you can condemn the deal and submit a counter offer.