Just Compensation
In eminent domain, also referred to as condemnation, the property owner is entitled to "just compensation." Just compensation is required payment under the state and Federal Constitution. Just compensation is intended to fully indemnify the property owner in money for what he or she has lost in property. When only a portion of the property is taken, the property owner may be entitled to the value of the property taken as well as damages to the remaining property.
In valuing property, there are a number of considerations:
- How do you maximize value? There are many legal principles and factors unique in condemnation which affects value. Whether the issue is the property's highest and best use or the admissibility of various valuation techniques, eminent domain attorneys of the Owners' Counsel know how to apply the condemnation law to the property owner's advantage.
- Under what circumstances are business damages recoverable?
- Under what circumstances can an owner be compensated for damages caused during construction of the public project?
- In a partial taking, when is compensation for damages to the remaining property legally allowed?
- In a partial taking, when can the government claim a setoff of damages by arguing the public project is going to increase the value of the remaining property?
- What role does contamination play in eminent domain? Under what circumstances is it excluded from consideration?
- Is the property designed for a special use, giving rise to unique valuation techniques?
- How are fixtures treated in condemnation?
- Who determines the compensation?
- What is the time frame in receiving the compensation in hand?
- How does the property owner secure maximum compensation and benefits for relocation?
- When do tenants obtain compensation?
Experience and Resources to Maximize Compensation
To secure maximum compensation, a property owner is best advised to choose an experienced eminent domain attorney. Attorneys affiliated with the Owners' Counsel are skilled and experienced in the procedures and law governing eminent domain in various states. Owners' Counsel lawyers are in private practice in nearly every state and have the resources and experience to guide the property owner to a successful result. These private attorneys have come together to form the Owners' Counsel of America to provide assistance to property owners across the country.
Contact a Skilled Eminent Domain Attorney.
If your property has been condemned, contact an eminent domain lawyer affiliated with the Owners' Counsel for assistance. Our member attorneys can evaluate your situation and advise you concerning the procedures for obtaining just compensation in your state.
