Eminent Domain Litigation: Protecting Your Rights in Court |
In our series on eminent domain, we’ve explored various aspects, from understanding your rights to navigating negotiations. But what happens when negotiations with the condemning authority reach an impasse? In such cases, litigation may be the only option to protect your property rights.
Why Litigation Might Be Necessary
Several reasons may necessitate taking an eminent domain case to court:
- Disputed “Necessary Public Use”: You may believe the government’s taking of your property doesn’t meet the “necessary public use” requirement.
- Inadequate Compensation: The condemning authority may offer compensation that you believe is far below the fair market value and other damages you’re entitled to.
- Unresolved Issues: There may be unresolved issues related to relocation assistance, business damages, or severance damages that cannot be settled through negotiation.
The Litigation Process
Eminent domain litigation can be complex and time-consuming. Here’s a simplified overview of the process:
- Filing a Lawsuit: The condemning authority files the initial lawsuit in court to condemn the property which serves as the vehicle to challenge the eminent domain action.
- Discovery: Both sides will exchange information and evidence, including appraisals, expert testimony, and relevant documents.
- Motions and Hearings: There may be various motions and hearings to address specific legal issues or procedural matters.
- Trial: If the case doesn’t settle, it will proceed to trial, where a judge and jury will hear evidence and arguments from both sides.
- Verdict and Appeal: The jury will issue a verdict, determining the outcome of the case. Either side may have the right to appeal the decision to a higher court.
The Importance of Legal Representation
Navigating eminent domain litigation requires experienced legal counsel. An eminent domain attorney can:
- Protect your rights throughout the process.
- Gather and present evidence effectively.
- Negotiate with the condemning authority even during litigation.
- Advocate for your best interests in court.
Brigham Property Rights: Your Legal Advocates
At Brigham Property Rights, we have a proven track record of success in eminent domain litigation. We’re dedicated to protecting property owner rights and securing the best possible outcomes for our clients.
If you’re facing eminent domain and considering litigation, don’t hesitate to contact us. We’re here to provide the legal guidance and representation you need to navigate this complex process.