According to the Tennessee eminent domain laws, eminent domain can only be stopped if the proposed taking does not meet the requirements for a public purpose or public necessity. This is why you need a Tennessee eminent domain attorney. If you have determined that the proposed taking does meet the requirements for eminent domain law in Tennessee, then you should learn more about the Tennessee eminent domain process from, a skilled attorney.
Remember, even though the government has the Constitutional right to condemn your property, they cannot dictate the price they are willing to pay; the amount of compensation you will receive is determined by the highest and best use laws for your property in the state.
Eminent Domain Attorneys in Tennessee Work on Contingent Fee
Most eminent domain law firms work on a contingent fee basis. With the contingent fee structure, the law firm attorney assumes the risk for earning a fee. Property owners are generally only responsible for paying costs, with the primary cost being the appraiser who values the property. Because of the contingent fee structure, most eminent domain attorneys will conduct a free case evaluation for property owners prior to recommending representation.
According to Tenn. Code Ann. 29-17-106, as an individual subject to an eminent domain action, you are entitled to recover reasonable attorney fees and costs in Tennessee eminent domain cases if the condemning authority abandons the proceeding, or if the court rules that the property cannot be acquired through eminent domain law.
If you win an inverse condemnation case, Tenn. Code Ann. 29-16-123 and Tenn. Code Ann. 29-16-124 clearly state that you are entitled to recover from the government or condemning authority your attorney fees and costs actually incurred as a result of the proceeding.
Consult a Tennessee Eminent Domain Lawyer
If you’re affected by eminent domain, you should obtain a consultation so that you know and understand your rights before taking any action. Remember, the government is like any buyer, they will want to purchase your property as cheaply as possible, and their appraisers may neglect to consider damages that can lead to a larger amount of just compensation.
Finding an Expert TN Eminent Domain Attorney Is Not Easy
Very few attorneys can claim expertise in the area of eminent domain law. Make sure you consult with an experienced Tennessee eminent domain trial attorney who can effectively identify damages and select the necessary experts. Your attorney should also be able to properly interface with the condemning authority and be willing to take your case to trial if negotiations can not be reached.