Eminent domain is one of the most commonly used processes by which property owners can get their property taken away from them without having to go through any type of court process. This process is most commonly used when a person is interested in getting their land taken away for one reason or another such as they have been threatened with imminent foreclosure under the eminent domain process, they have been accused of nonpayment of their property taxes, they have been accused of changing the zoning of their property, or they have simply bought a property that is zoned illegally. It is not in the least bit surprising that property rights are closely scrutinized when it comes to eminent domain law. This is because this process by definition essentially gives the power to a government official to take away a person’s property any time, they feel like doing it.
The Eminent Domain Process is Not Always One Sided
There are some situations when the eminent domain process has actually worked in the interest of both the property owner and the government official who are attempting to acquire the property. For example, if the owner of a business is in danger of going out of business or if the business owner is simply trying to hold on to their property, a government official might just decide to seize the business to keep it from closing. However, in this very case the owner of the business may actually be in violation of some sort and the government official has every right to do whatever they feel necessary in order to make sure that they get their property back. A similar situation could arise if a homeowner were to try to prevent a foreclosing on their home.
The Eminent Domain Process Must Be Used with Caution
Regardless, of whether the property owner is guilty of any wrongdoing or not, the power of eminent domain is one that always needs to be used with great caution. The reason for this is because this process grants tremendous power to a government official to take over a private parcel of real estate without just cause whatsoever. This means that if a government official feels like taking your property they have every right to do so provided that they have a proper justification for doing so. In the past it was fairly easy to challenge these invasions of property but in today’s world there are many more ways that people can fight back against these activities. If you feel like you are about to be the next victim of the taking process, then it is best that you hire an attorney who is experienced in real estate law so that they can help you figure out what to do next in the eminent domain process.
The Eminent Domain Process
The process of eminent domain normally complies with these following steps:
- The government attempts to work out the acquisition of the building for fair worth.
- If the proprietor does not want to offer, the government files a court action to exercise the power of eminent domain, and also serves or publishes notice of the hearing as required by regulation.
- An Order of Taking hearing is scheduled, at which the federal government should show that it took part in good faith settlements to acquire the building, yet that no arrangement was gotten to. Additionally, the federal government must additionally show that the taking of the building is for a public use, as defined by law. At this hearing, the property owner is given the opportunity to react to the government’s cases.
- If the federal government succeeds at this phase of the case, then the federal government, within 20 days of the Taking Order, need to position a “good faith” price quote of the value of the property in the Court’s registry. The landowner is then qualified to withdraw this sum for his own personal use. Any payment to the proprietor is first made use of to please any type of mortgages, liens and encumbrances on the property, with any type of staying balance paid to the owner. Now, the government obtains title to the home.
- Next off, a trial is held to establish full compensation as well as any other possible damages that may be recoverable for the property that was taken. If it is determined that the “good faith” estimate was deficient, settlement consists of not just the value over as well as beyond the “good faith” estimate, yet also rate of interest on the distinction.
If the government or the homeowner is not pleased with the end result, either side might appeal the decision.
- At the close of process, the taking authority is evaluated for the court prices, including all reasonable costs sustained by the homeowner. This implies the federal government pays not only lawyers’ fees, but also fees for any specialist witnesses providing statement
Do You Need an Eminent Domain Attorney to Help Your Process
If you need an eminent domain attorney to help along with your version of this age old government process, just fill out our contact form below and we will have an eminent domain attorney contact you right away, our eminent domain attorneys represent the rights of the property owners first.