Does the government really have the right to take my property?
So long as it is for public use, or for a public purpose, yes. However, the government or condemning authority is required to provide you with compensation for the taking and any damage to the remaining property.
Can I challenge the government’s right to take my land?
Yes. If you believe the taking is not for a public use or purpose or is not necessary for that purpose, or that the process was not lawful, you can challenge the government’s proposed action. These challenges are difficult, but courts do sometimes stop unlawful takings.
Can I dispute the amount I am being offered for my land?
Yes, and these disputes are often more successful than trying to stop the taking. You should hire an attorney to contest an offer of compensation you believe is low, to ensure you have not overlooked key items.
Do I need an eminent domain lawyer to protect my rights?
While you are not required to have your own lawyer, your case is much more likely to succeed if you do. Your attorney will know how to review the relevant information to determine what is adequate compensation, then fight for you to get it. The law gives you only one chance at compensation; an experienced eminent domain attorney helps you make the most of it.
