Protecting Your Rights in Eminent Domain Cases
At our firm, we’re committed to ensuring the government doesn’t overstep its authority. Understanding the limits of the government’s eminent domain powers can give you leverage to secure better outcomes.
What Gives the Government the Right to Take My Property?
Under the Fifth Amendment of the U.S. Constitution, the government has the authority to take private property for “public use,” provided it pays just compensation to the property owner. This power, known as eminent domain, can be exercised by entities like state and local transportation departments, cities, counties, school boards, sanitation districts, and even utility companies.
While state and federal laws outline the procedures governments must follow, these processes are often designed to benefit the government, not the property owner. What the government considers “just compensation” may not align with what’s truly fair to you.
When Will My Property Be Taken? When Will I Be Paid?
Timing is critical in eminent domain cases. We provide accurate and up-to-date information on project timelines and construction plans, helping you plan your next steps without compromising your rights to full compensation.
What About My Mortgage or Moving Expenses?
We can guide you through critical decisions, such as whether to:
- Buy replacement property.
- Request a property rezoning.
- Obtain an independent appraisal.
- Appeal your tax assessment.
Anticipating these issues early can prevent costly mistakes later.
