Challenging Eminent Domain and Condemnation

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. In most states, before any government or private authority can exercise the power to condemn, a court must approve the use of eminent domain. You will want an experienced eminent domain attorney on your side who understands how and when to challenge the taking of private property.

Perhaps, the condemning agency failed to make a good faith offer to purchase your property prior to filing the condemnation petition. Or, the condemning agency may have failed to follow the proper state or local eminent domain procedures. Another defense may be that the condemning agency simply has not been granted the power to condemn your property. Alternatively, your lawyer may argue that the condemnation of your property is not necessary for the public project.

Perhaps condemnation power is being used for a private project rather than a public purpose as required under the Constitution. This may be the situation when the ultimate owner of your property will be a private redeveloper. When the proposed project is a redevelopment and a finding of “blight” is required, to defeat the taking of your property your lawyer may need to challenge the blight designation.

Helping Property Owners Defend Their Property Rights

There are many grounds to challenge the power to condemn. Owners’ Counsel attorneys have the experience and expertise required to represent you in challenging an eminent domain lawsuit. Contact one of OCA’s eminent domain lawyers for a case evaluation and to learn more about your rights and options.

When the government needs to acquire private property to complete a public project, it will turn to skilled lawyers. Shouldn’t you turn to experienced eminent domain lawyers to represent your property rights?