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The process of challenging an eminent domain claim

On Behalf of | Jan 4, 2019 | Eminent Domain |

When property is being taken from a property owner through the eminent domain process, it is essential for property owners to be familiar with their rights and how to protect those rights. Property owners have the right to fair notice and a hearing and they should know how to enforce those rights and the value of those rights.

The benefit of the different rights aggrieved property owners have protect them from an unlawful or unjust taking of property. Eminent domain is a significant power that the government has to take property from landowners for public use which is why the process should not be taken lightly and property owners should be familiar with how to protect their interests. The importance of the property owner receiving fair notice and notice of intent of the proposed taking allows them to seek legal advice and ensure that their interests are protected during the process.

The hearing process is also critical to the protection of the property owner’s rights, as it provides a forum to determine if there was a taking; if there was a taking, if it was for public use; and if the taking was for public use, if just compensation was provided to the property owner as required by law. Just compensation depends on the fair market value and it is vital that what that amount is be carefully considered and determined.

The government must negotiate in good faith with the property owner but if that does not happen, or the property owner wishes to challenge the proposed taking, they may be able to seek different remedies including injunctive or monetary relief. Because state laws vary related to the procedure that must be followed when property is condemned through the eminent domain process, it is essential for property owners facing a taking of property are familiar with the laws where they live and their property rights.