Eminent domain is defined in a section of the Fifth Amendment of the U.S. Constitution
known as the “Takings Clause.” The Takings Clause states,
when defining the rights of people in this country, “nor shall private
property be taken for public use, without just compensation.”
What qualifies as “just compensation” can be subjective, and
is often widely disputed when eminent domain is in effect.
As a property owner who is facing an eminent domain case, you should be
aware of your right to just compensation. Although this term can be difficult
to define, there are some factors you should consider when you are fighting
for this right.
Compensation for Property Value
The majority of compensation recovered through an eminent domain case will
be for the value of your property that the government is acquiring. Determining
an amount that is fair will require an evaluation of many factors, including
the amount you initially paid for the property, its current value, the
value it will hold once acquired for public use, and any additional value
that may be available.
The government often relies on the assistance of an appraiser to determine
the value of property they are working to acquire. At Allen, Semelsberger
& Kaelin LLP, we believe in collecting input from multiple sources
to determine the true value of a property. We use appraisers, city planners,
and other experts who help us arrive at a figure that is more fair than
the offers from the government.
Additional Compensation Available in an Eminent Domain Case
An eminent domain payout can provide compensation for things other than
property value. When a property is acquired by the government, the situation
is not as simple as just moving to a new place. There are many other factors
involved, and an eminent domain payment should compensate for all expenses.
Property owners who are involved in an eminent domain case can also be
Lost income and business
Ensuring You Receive Just Compensation in Your Eminent Domain Case
Again, defining just compensation can be difficult. In addition to securing
compensation for all of your expenses and damages, you also have a right
to receive an amount of compensation that is fair.
The best way to ensure you are justly compensated in your eminent domain
case is by hiring an experienced attorney to represent you. Allen, Semelsberger
& Kaelin LLP is a top-rated eminent domain law firm with decades of
experience in representing the rights of property owners. We can evaluate
the details of your case to determine the amount of compensation that
is just for acquiring your property, and will work to recover that compensation for you.
Contact the legal team of Allen, Semelsberger & Kaelin LLP for representation
in your eminent domain case. We will fight to protect your rights.
Send us a message or call 888.998.2031 for a free consultation with our attorneys.