Find Eminent Domain Attorney By Annie Pan
Eminent domain refers to the power of state and federal governments to condemn and force the sale of private property for its own use. Governments typically use the power of eminent domain to acquire private property for public use, such as building a school or freeway. Sometimes, however, the government will seize private property for private projects. Although an individual's rights are subordinated to the government, the 5th Amendment guarantees just compensation by the government to the owner. Once the government determines it will take a private property under the power of eminent domain, it will hire an expert to appraise the property. A pro tanto award, or money based on the appraisal, is then offered for the property.
Eminent Domain Attorney
Condemnation is the formal proceedings used by government to acquire private property under eminent domain. Condemnation can be complicated and very confusing, so it may in your best interest to retain an attorney who specializes in this area.
Prior to condemnation, a notification letter is usually sent to the owner stating that his or her property may be needed. Upon receiving the notification, you should consult an eminent domain attorney about your legal rights under eminent domain. A good eminent domain attorney can help you avoid risks down the road by planning pre-condemnation steps with you to protect your interests. For instance, your can apply for re-zoning, plat approval or a building permit if it is anticipated the condemning authority might later claim that these types of development authorizations are not obtainable. Then, at the pro tanto award stage, you and your attorney can determine whether or not to accept the compensation offer based on your particular situation.
Sometimes, the eminent domain attorney can prevent the condemning authority from taking your private property by either negotiating or disputing the matter. When this is not possible, the next most desirable result is to secure and maximize the compensation you get for your property. A good eminent attorney can help you, as a property owner, achieve this.
Selecting Your Eminent Domain Attorney
In choosing whether or not to retain a particular eminent domain attorney, consider the following questions.
- How long has the attorney been practicing?
- Does the attorney have strong local or national reputation in eminent domain law?
- In case an eminent domain lawsuit is filed, does the attorney have experience in eminent domain litigation?
- Do you feel comfortable around this attorney? Do you feel your can trust this attorney?
In addition to assessing these questions, the attorney's resume can also serve as a guideline of his or her accomplishments and experiences.
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