Challenging Eminent Domain/Condemnation
Helping Property Owners Defend Their Property Rights
When someone seeks to take something that is yours, especially something as valuable as your land, home or business, it is a natural reaction to want to stop it, fight it, or prevent it from happening.
Eminent domain attorneys affiliated with the Owners' Counsel of America are experienced at challenging the right to condemn. Before any governmental or private entity can exercise the right to condemn, a judge must approve it. Perhaps the challenge is that the condemnation is being used for a private purpose, as opposed to a public one as required under the Constitution. This is especially true when the ultimate owner of your property in condemnation will be a private redeveloper.
Or, the challenge may be that the condemning agency failed to make a good faith offer to purchase the property prior to filing a condemnation petition. Or, the challenge may be more basic by claiming that the condemning agency failed to follow the state or local condemnation procedures.
Alternatively, the eminent domain attorney may take the position that the condemnation of your property is not necessary for the public project. Another defense may be that the condemning agency simply has not been granted the specific power to condemn your property.
When a private redevelopment is proposed and a finding of "blight" for your area is required, the challenge may be to fight the blight designation.
There are many grounds to challenge the government's right to condemn. Owners' Counsel of America attorneys have the experience and expertise required to represent the property owner in challenging a condemnation.
Contact an Eminent Domain Attorney
Contact one of the eminent domain lawyers in private practice throughout the country who are associated with the Owners' Counsel of America for a case evaluation so you can learn about your property rights and options.
