What Is Condemnation?Condemnation is the process of taking private property for public use through the power of eminent domain. When private property is taken by the government, the owner is entitled to receive ¿just compensation.¿ What Is Meant By ¿Just Compensation?¿Just compensation is not a precise concept. It generally means the highest price that the property would bring if it was exposed for sale in the open market for a reasonable period of time, assuming that the buyer had knowledge of all uses and purposes to which it is adaptable. In determining value, courts consider the ¿highest and best use¿ of the property. This means that if the property would be more valuable if its use was changed, then you would be entitled to be compensated accordingly. How Do I Know If My Property Has Been Condemned?Typically you will receive a written offer to acquire the property for money from a government agency. You may also be served with a summons and complaint in condemnation. How Can I Resist The Condemnation Of My Property?Whether you should actually resist the condemnation of your property depends on the facts about your property and whether the amount of money offered to you is sufficient to adequately compensate you for the loss of your property. There are two possible ways that you may resist a condemnation proceeding. First, you can resist the taking of your property if it is not for a public use or necessity. Second, you can demand more money if the condemning agency has not offered you ¿just compensation.¿ I Want To Resist The Condemnation Of My Property ¿ Do I Need A Lawyer?Although you are not required to be represented by a lawyer, this is a complicated area of the law. By not hiring a lawyer, you risk not receiving adequate compensation for your property. An experienced real estate lawyer is invaluable if you plan to resist a condemnation proceeding, because he can tell you how strong of a case you have and advise you regarding complicated condemnation matters. |
