Whether you're trying to get the government to condemn private property or stop a condemnation, it's important to know how the process works. A private property condemnation lawyer will usually explain the process based on the following four steps.

Establishing Public Purpose

The first thing a party that wants to condemn a property has to do is establish a public purpose for the request. One of the simplest public purposes is demolishing dangerous buildings. Suppose a property owner died intestate and with no heirs 10 years ago. Worse, the house on the property has fallen apart and attracted criminal activity involving squatters. The city might seek to condemn the property so it can knock down the house to prevent it from being a blight and encouraging crime.

Unfortunately for respondents, interpretations of the government's right of eminent domain can lead to some creative interpretations of what counts as a public purpose. Federal courts have upheld eminent domain condemnations to support real estate development plans even if the taken properties weren't blighted. This can make defending against many types of takings very difficult because you have to prove there's not the slightest public purpose in the plan.

Authority and Jurisdiction

Some government authority in the correct jurisdiction has to grant the taking. When working with a defendant, a private property condemnation attorney may assert that an agency or court didn't have the authority to take the land in question. For example, a county usually can't condemn property on federal land. However, the party seeking the condemnation might go back to the start of the process and simply pursue the case through the correct authority.

Notification

Whenever an agency or a court grants the condemnation of a property, the system requires a notification process. The condemning party must formally serve the property owner with the condemnation notice. Depending on applicable local, state, and federal laws, this may be as simple as attaching the notice to the front door or as complex as serving them with papers.

There will also be a period for the owner to respond. Also, there may be laws allowing a public comment period on the condemnation.

Just Compensation

If the property owner fails in stopping the process, they're still entitled to just compensation. This means whoever is taking the property must give the owner its fair value. Also, if an authority condemns part of a property, such as taking a corner to expand a roadway intersection, the owner is entitled to the fractional value of the taken section and the loss of value to the part they keep.

For more information, contact a company like Wukela Law Firm.

Share