Quick taking statutes, which have been adopted by many states and the federal government, give a condemning authority the right to immediately take possession of property once a judgment is granted in its favor.
How Does a Quick Take Eminent Domain Proceeding Work?
Generally, a quick take proceeding begins when the party seeking to take your property files a "declaration of taking." The declaration will explain that your property is being taken or has been taken for the use of the condemning authority. The condemning authority will also deposit with the court an amount of money that it feels is just compensation for the property. A hearing will take place if you believe the amount being offered for your property is insufficient.
Are Quick Take Proceedings Biased against Property Owners?
Quick take proceedings generally favor the condemning authority. Because of that bias, most quick take statutes are geared towards protecting the interests of property owners. The condemning authority will have to follow strict guidelines and if its declaration of taking is insufficient, it runs the risk of losing the quick take proceeding.
What are my Landowner Rights during a Quick Take Proceeding?
During a quick take eminent domain proceeding, you are entitled to interest on the money deposited with the court by the condemning authority if you were deprived of your land and the funds while waiting for the final judgment.
As a Property Owner, What Defenses Can I Assert against a Quick Take?
Common defenses against a quick take include raising historic preservation and environmental concerns. An experienced eminent domain law attorney can advise you of your rights and remedies under quick take proceedings.
The Court Ruled in Favor of the Condemning Authority. What if I Refuse to Relinquish Control of the Land?
If you refuse to leave the property when the final determination is made in the condemning authority's favor, you will be required to pay rent for your time on the land and you will not be entitled to the interest on the funds deposited with the court.
Do I Need a Lawyer for my Quick Taking Problem?
In a quick take eminent domain situation, an experienced real estate lawyer can help you challenge the condemning authority's right to the property. A real property lawyer also can negotiate with the government for a proper award for your property.