Condemnation/ eminent domain can be a frustrating and scary proposition. Here are some steps to consider taking when the government wants some or all of your property.
1
You have legal rights!
Despite what the government says, or the representative hired to try and get you to sell your property for some low amount, you have legal rights!. This process is one of the few in which the government actually DOESN'T want to go to court because it can subject it to paying your legal fees and costs. This gives you real power in negotiating as the government doesn't want to pay the amount you are demanding PLUS all your fees and costs. We typically represent property owners on a modified contingency basis equaling a percentage of the amount we recover ABOVE the initial offers you were able to obtain from the government.
2
Ask for your money
The government is often required to give you money for getting their proposals reviewed by an expert. Ask for the money and then use it to review the proposal with an attorney. Hiring an appraiser is also a good use of the funds as they can help in determining whether an offer is reasonable or not.
3
Don't sympathize if the government says it needs your approval right away.
Any government project takes months, and often years, to accomplish. Time is on your side, so don't give into their made up time pressures. Make them provide documents, including the document they want you to sign. Review the documents with an attorney. Don't be afraid to negotiate with the government. However, you may need to consent to immediate use and possession or risk losing other rights down the road. Get legal help to insure you are not giving up any rights by refusing to work with the government. Especially when litigation is started by the government, there are some time constraints that you must carefully follow.
4
Stopping the project is hard, but you are entitled to just compensation.
If the project is for public benefit (roads, parks, etc.) then those can be difficult or impossible to stop. However, just because the government claims the project is for public benefit, doesn't mean it is so. Public-private ventures are becoming more common and can get into a gray area. If the project is an appropriate one in which condemnation is authorized, then the negotiation is over "just compensation". I've assisted clients in recovering over seven times the amount of initial offers! Every case is unique, but their is room to negotiate.
Comments - add comment