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Understanding protections in eminent domain situations

On Behalf of | Apr 20, 2017 | Eminent Domain |

When the government attempts to take property from a property owner it can be an understandably significant and an alarming concern for that property owner. Property owners may have concerns that their property is being unfairly or unjustifiably condemned or that they are not receiving just compensation for their property. Property owners may be unfairly impacted by condemnations, unfair zoning schemes and condemnation actions.

Property rights are an important concern for property owners and should not be treated carelessly or taken lightly. If a property is being taken through the eminent domain process, it is important that the property owner receives just compensation, and they should also receive the maximum amount of relocation benefits available to them to help them through the challenging process of losing their property and relocating.

In generally, the government can take property for public use, but property may not be taken and sold to investors for development of the land. Even if the taking is considered justified, the entity conducting the taking must pay fair market value for the property to the owner. It is important that property that is the subject of a taking is accurately appraised for this purpose. Whether the property owner wishes to challenge the taking or ensure they receive just compensation for their property, legal options are available.

It is important that property owners who may feel vulnerable when the government has come to take their land are familiar with their legal rights and how to assert those rights. Different legal remedies are available to protect them which is why they should be familiar with what those legal resources are.


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