HOW DOES A LANDLORD FIGHT EMINENT DOMAIN OR CONDEMNED PROPERTY

Asked over 2 years ago - Mount Vernon, NY

HOW DOES A LANDLORD FIGHT EMINENT DOMAIN OR CONDEMNED PROPERTY

Attorney answers (3)

  1. Robert A. Stumpf

    Contributor Level 19

    1

    Lawyer agrees

    Answered . With a lawyer! Its not a do it yourself project.

  2. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . With a real estate lawyer who specializes in it. I suspect that are not many lawyers who know this area of the law well. This is not something to do on your own.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Anthony F Della Pelle

    Contributor Level 7

    Answered . The answer to your question may differ depending upon the State where you live and what type of government agency or utility company is exercising eminent domain. However, every exercise of eminent domain requires that the condemning authority (1) have a valid public purpose which will be served by the taking and (2) pay "just compensation" for the taking which will indemnify the owner for its loss. So "fighting" eminent domain can involve a challenge to either the government's right to utilize eminent domain OR a challenge to the compensation offered.
    I would strongly recommend that you hire an experienced eminent domain attorney to assist you - there are special rules and laws that apply to eminent domain cases and it is critical that your lawyer be familiar with them in order to assure that your constitutional property rights are not violated. I would be happy to recommend one to you in your State upon your request.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more

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Eminent domain is the right of governments to take privately owned property for public use, without the owner's consent, but after paying “just compensation”.

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The Basics Eminent domain is the power of the government to take or condemn property for "public use," without the land owner's consent, upon paying just compensation. The "government"... more

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