Eminent domain power allows state or federal agencies to acquire private properties for public use purposes that will benefit society. Many state laws allow the government to condemn property even if the owner is unwilling. But landlords also have the right to protect their belongings against unlawful land-taking.
Although fighting for condemnation proceedings can be difficult, it’s not impossible. The important point to note to achieve a good outcome in the case is taking prompt, carefully considered legal action. Depending on the situation, any of the following legal defenses can be used to prevent condemnation, reduce the amount of land taken or recover a fair amount of compensation for the property.
Keep in mind that to achieve any of these stances, you need the knowledge of a professional attorney who will not only guide you through the process but also ensure that your rights are upheld.
Lack of Authority
Among the essential defense strategies that can be used is challenging the government’s authority to condemn the property. This includes analyzing whether the government agency has the authority to exercise eminent domain for that project. You can contest the condemnation if the agency does not have explicit legal authority or if the requirements to condemn are not met.
Insufficient Public Purpose
According to the United States government constitution, any property taken under eminent domain can only be used for public use. You can challenge the authority and defend against condemnation if the property is not going to be used for the public outside. However, keep in mind that the public purpose definition can be applied to many different projects. But still, the condemnation result must be beneficial not only to a few people but to the whole community. For example, property can be used for schools, hospitals, power lines, bridges, and public parks. The validity of a condemnation can be questioned if the property taken is to be used for private entities’ benefit rather than for economic development.
Non-Necessity of the Taking
Even if the property is going to be used for a public purpose, landlords can still argue that taking that particular property is not necessary for the project. This defense strategy is only used if there are other alternatives that can be used without the need to collect their own—for example, a situation where a project can happen even without taking that specific building.
Procedural Deficiencies
The state has outlined some processes that government agencies must follow when undertaking property for public projects. Before many projects, thorough surveys and environmental impact statements must be conducted, along with a clearly drafted plan for the project path and scope. If any of these key points is not met, landlords can challenge eminent domain actions on procedural grounds.
Inverse Condemnation
You may have the right to file an inverse condemnation claim in a situation where the government damaged your property or invaded its right while working on a project and didn’t take the necessary steps to take it under eminent domain. This situation allows you to file a case to start eminent domain proceedings to get the necessary compensation for the loss of the rights to your building.
Click here for more insight into eminent domain in the United States.
Inadequate Compensation
There are cases where the government entity will be justified for condemning your property but didn’t give you the right compensation according to the Fifth Amendment mandates that says you will receive justifiable compensation when your building is used for public purposes.
This usually happens because value assessments vary widely and there might be no consideration on the impact on any remaining property you will own after the project completion. It’s essential to ensure the appraisal value of your building accurately reflects its worth to get a fair settlement.
You have the right to challenge the compensation offered to you but there are strict deadlines for appealing rulings or taking other legal action making it crucial to take swift action. Here, it’s best to speak with a professional eminent domain lawyer before agreeing to any offer to ensure you receive a fair treatment under the law.
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Conclusion
You can challenge a government entity when you feel your property is taken unlawfully or you receive unfair compensation. But to do so, you need to act swiftly and work with the right team that are not only familiar with the ins and outs of eminent domain cases but also have handled similar cases so you will come out victorious.
