Facing Eminent Domain? Know Your Options
Receiving notification that the government intends to take your property through eminent domain can be a stressful and overwhelming experience. It’s essential to understand that you have options and are not powerless in this situation.
- Negotiation
The first step is typically negotiation. The government agency or private company will likely make an initial offer to purchase your property. This offer may or may not reflect the true value of your property and any additional damages you may be entitled to.
- Don’t rush to accept: Take your time to review the offer carefully and consider seeking a consultation with an experienced eminent domain lawyer.
- Counteroffer: You have the right to counteroffer with a higher amount that you believe reflects the just and full compensation you deserve.
- Document everything: Keep records of all communications, offers, and counteroffers; however, you should be cautious in your communications because the condemning authority is also keeping its own records..
- Appraisal
Obtaining an independent appraisal from a qualified appraiser is crucial. This will provide an objective assessment of your property’s fair market value and any potential severance or business damages.
- Choose an appraiser with eminent domain experience: Not all appraisers have the same level of expertise in eminent domain cases.
- Provide the appraiser with all relevant information: This includes any unique features of your property, its highest and best use, and any potential impacts on your livelihood.
- Legal Representation
Navigating eminent domain can be complex. Having an experienced eminent domain attorney on your side can make a significant difference in the outcome of your case.
- Protect your rights: An attorney can ensure your rights are protected throughout the process.
- Negotiate effectively: An attorney can handle negotiations with the government or private company on your behalf.
- Litigate if necessary: If a fair agreement cannot be reached through negotiation, your attorney can take your case to court.
- Litigation
If negotiations fail, you have the right to challenge the eminent domain action in court. This can involve:
- Contesting the necessity of the taking: You can argue that the taking is not for a “necessary public use.”
- Disputing the amount of compensation offered: You can present evidence to support your claim for a higher amount of just and full compensation.
Brigham Property Rights: Your Advocate in Eminent Domain
At Brigham Property Rights, we understand the challenges property owners face when dealing with eminent domain. We’re here to guide you through the process, protect your rights, and help you achieve the best possible outcome. Contact us today for a free consultation.