Eminent Domain IT'S ALL ABOUT THE RIGHT CHOICE
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Albuquerque Eminent Domain Attorneys

Protecting the Rights of Albuquerque Property Owners

If you learn the government (or a party acting on its behalf) intends to seize your hard-earned real property, you may understandably be angry, upset, and ready to fight. While the government can exercise its constitutional powers to take private land for public use, it must respect your rights and fairly compensate you.

At Potts Law Firm, we make it our mission to advocate for the individuals, families, and businesses affected by eminent domain. If we cannot stop a lawful seizure, our goal is to get you the full and just compensation you are owed for your property. Our Albuquerque eminent domain lawyers have over 250 years of combined legal experience and understand how to successfully represent clients in these cases. We are so confident that we can deliver a favorable outcome that we only take a contingency fee on the difference between what you ultimately receive and what you were initially offered. You can rest assured we will go the distance and make every effort to get you as much as possible.

To discuss your legal options with our responsive, collaborative team, schedule a free initial consultation by calling (505) 305-1283 or contacting us online. Same-day appointments are available, and we provide services in English and Spanish.

How Can I Stop an Eminent Domain Seizure in New Mexico?

The United States Constitution is unfortunately clear about the government’s right to seize private land for public use. In other words, the government can take your home, business, or any land you own if it intends to use it for a legitimate public purpose. This means that, in many cases, you cannot necessarily stop an eminent domain seizure in New Mexico or any other state. All you can do is work to ensure your rights are respected throughout the process.

There are some limited scenarios where you may be able to stop an eminent domain seizure if (and only if) there is evidence that the government is abusing its powers. The government must use land acquired through eminent domain for a public purpose. This does not mean it has to turn private land into a public park or some other public space. A “public purpose” could also be some sort of development that arguably benefits the public, such as a highway, water treatment plant, or some other infrastructure project. If there is no clear public benefit, our Albuquerque eminent domain lawyers are ready to fight to prevent the government from taking your land.

You may also have a case for fighting an eminent domain seizure if your land or building was unjustifiably classified as “blighted.” This classification essentially targets an area for redevelopment, but a piece of land, building, or neighborhood should only be designated as blighted if it is unsafe or unseemly. If you received a notice of the government’s intent to take your land after it was classified as blighted for unconvincing or unclear reasons, you should reach out and discuss the matter with Potts Law Firm as soon as possible.

Worried about eminent domain? Call (505) 305-1283 or contact us online to discuss your concerns with us.

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  • I had a wonderful experience with this law firm.

    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • I wouldn’t hesitate to recommend him or any of the team at Potts.

    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

    - Molly H.
  • I highly recommend Adam and Potts Law Firm

    “From the first meeting, Adam made me feel like he had my best interest at heart and took care of everything.  I can't say enough good things about how helpful, professional, and caring Adam was to me.”

    - Mary H.
  • I would recommend Potts Law Firm for any and all legal matters that come my way in the future!

    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

    - W. Gary
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Explore our past successes
  • Commercial Property Dispute $713,000

    Potts Law Firm attorneys negotiated on behalf of a commercial property owner whose land was taken by the Texas Department of Transportation (TXDOT) to make way for new road construction. TxDOT's original offer of $466,396 did not consider other reasonable comparable sales in the area.

  • Commercial Property Dispute $645,000

    Potts Law Firm attorneys negotiated a settlement on behalf of a client whose land was taken by a private power line company. The company’s original offer of $430,000 failed to consider the decrease in aesthetic value that the scenic ranch in the Texas Hill Country would incur from the power line installation.

  • East Texas Residential Property $454,000

    Potts Law Firm attorneys negotiated on behalf of a residential property owner whose East Texas land was taken by the Texas Department of Transportation (TXDOT) to make way for new road construction. TxDOT's original offer of $31,343 did not consider damages that the remaining land would incur from the new road build.

  • Texas Residential Property $146,000

    Potts Law Firm attorneys negotiated on behalf of an East Texas residential property owner whose land was taken by a Texas condemnation authority. The original offer of $113,677 did not consider other reasonable comparable sales in the area.

  • Commercial Property Dispute Confidential Settlement

    Potts Law Firm attorneys negotiated on behalf of a South Texas commercial property owner whose land was taken by a private oil and gas pipeline company. Our eminent domain attorney utilized his past experience of working for the condemner to negotiate on behalf of his client.

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What Am I Entitled to When My Property Is Taken?

When it becomes clear you cannot necessarily stop an eminent domain seizure, your focus should shift to ensuring the condemning authority follows all procedural rules and that you are fairly compensated for your losses. The government (or another party acting on its behalf) cannot unilaterally take control of your property without warning. They must give you formal notice and a chance to respond to their offer.

You are always entitled to “fair compensation” when your property is taken under eminent domain. This means you are owed the current fair market value of your land. Unfortunately, whatever condemning authority is handling the seizure will likely try to pay you as little as possible, meaning the initial offer could be unacceptably low.

Never accept an initial offer of compensation before you talk to a lawyer experienced in handling eminent domain cases. No matter what the condemning authority says, no matter how much work they claim went into arriving at the presented number, remember that they are not acting in your best interest.

Keep in mind that the condemning authority will likely initiate litigation against you if you refuse their offer, which is why it is important to talk to our Albuquerque eminent domain lawyers as soon as you learn the government has an interest in your property. We recognize that every dollar counts when you are dealing with a loss of this nature and will always fight to get you maximum compensation.

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