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Eminent domain and property takings administered by the government require a public use finding for condemnation and eminent domain rights. This means the government has the right to take your land if it is determined that the land is needed for public use. Common reasons for government property takings are to make way for public roads, stadiums, railroads, parking lots, schools, and other public developments. When the government meets sufficient public use requirements, it then has a constitutional right to condemn your property.
Although the government has the right to take your land, the Fifth Amendment to the Constitution guarantees that you be paid a fair value for land seized by the government. Unfortunately, the word ‘fair’ is highly variable and often determined by the government.
Trained eminent domain attorneys will help you receive an actual fair market value for your home, property or business after your land has been seized by the government. Contact the Potts Law Firm today to learn more about your rights regarding government eminent domain and property takings.
- Differences in the valuation of property based on the comparable sales
- Damages to the remainder
- Denial of access
- Highest and best use of the property
- Line of sight
- Different valuations for independent economic units
Yes. The government has the right to take your property, but only if they meet the public use requirements.
Things that are not compensable for your eminent domain case:
- Noise and nuisance
- Dust and debris
- Offers to purchase the property that do not end up in a sale
- Other offers to purchase other properties in the area
- Tax valuations
- Project influence
- Future value of the property
- Business income (there are very limited exclusions to this)
- Circuity of traffic
The condemning authority will often hire an independent appraiser to evaluate your property. These appraisers often have an interest in obtaining a uniform value for all of the properties, will use older sales to justify their valuations, and can be locked into sales that are not truly comparable to your property.
Yes. The government is required to pay you for your property, but the valuation of your property can be contested.
The government cannot typically take your property for non-public use, however, there are exceptions.