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EMINENT DOMAIN
IS THE GOVERNMENT TRYING TO TAKE YOUR PROPERTY – YOU MAY HAVE AN EMINENT DOMAIN ISSUE
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IS THE GOVERNMENT TRYING TO TAKE YOUR PROPERTY?
Have you received a notice from a government entity informing you that your property is at-risk for being condemned for a government-funded project? Have you recently discovered that your property might fall in the path of a new road or roadway expansion? Have you seen surveyors or appraisers walking on your property recently without permission? Has the government changed property near you, and you believe it has lowered your property value? If you are facing any of these situations, you may have an obscure legal issue called Eminent Domain.
If you or anybody that you know is facing these types of property issues, Chad Brown Law is here to explain what is happening, what you can and cannot do, and how to get the government to pay you what you are entitled to by law.
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WHAT IS EMINENT DOMAIN?
Eminent domain is a legal right that allows government entities (and some private companies like energy or utility companies) to take private property for public use. When you see the DOT for example widening a road, it has typically used Eminent Domain powers to purchase the property needed for the project. In fast growing areas, the government seems to be taking property continuously for highway projects and road expansions around busy intersections and commercially developing areas. When you receive a letter that the government is planning to take part or all of your property, it can cause anxiety. Can they do that? Can I stop them? What is my property worth? Do I have to take what they offer me? These are just a few questions people often have. The government is powerful and fighting them can seem like an impossible task. It easy to see why the government needs to take property, primarily for roads, but is there anything you can do when they take your property or impact your business? Fortunately, the Constitution places limits on when Eminent Domain powers can be used and how you are to be paid.
LIMITS TO EMINENT DOMAIN – PUBLIC USE AND JUST COMPENSATION?
Our founding fathers placed two (2) limitations on when the government can exercise its right of eminent domain. The taking must be for a (1) public use AND (2) the owner of the property be given just compensation for its loss.
Generally, public use means that the “public” as a whole will benefit through the economic development from the taking. As you can imagine, what one person believes will benefit the public may not be the same as someone else. However, it is generally very difficult to argue that a property is not being taken for a public use. Almost anything can be deemed publicly useful. Most of the conflict when the government decides to take your property will not be around whether they can take it, but what they should pay you for taking it.
This is where Chad Brown Law usually can make the biggest impact for their clients.
What is just compensation when the government takes your property or hurts your business? Just compensation means the government has to treat you fairly when it pays you for your property. It is not hard to see why just compensation is usually debated. Over and over again the government acts in ways that most people seem to think are unfair. In Eminent Domain, what the government thinks is a fair price is typically far below what most people believe is fair or what is a truly fair price when you look at all the factors. While the government is required by law to treat citizens fairly when they take their property, it rarely does.
At a minimum, citizens should be paid Fair Market Value for the property being taken. In most cases, the law allows people to be paid the amount equal to the highest and best use of the property. Highest and best use simply means what the taken property could be used for if it was used for the purpose it could be the most valuable. Usually, specialized real estate appraisers and business valuation experts help attorneys and their clients determine the maximum value for the taken property or business.
You usually can’t stop the government from taking your property, but with the right experts and legal guidance, you usually can get the government to pay you a fair amount for the property.
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CHAD BROWN LAW AND EMINENT DOMAIN
Both the Fifth and Fourteenth Amendments to the United States Constitution declare that the government cannot deprive any person of “life, liberty, and property” without due process of law. Property ownership is fundamental to being American. Chad Brown Law hold this view sacred and will do all we can to ensure that you are paid the highest amount possible when your property is taken. Chad Brown has spent most of his career in private practice battling our government and fighting to force the government to treat people fairly.
If your property is being taken, you have rights. Chad Brown Law has been forcing the government to treat its clients fairly for decades. If the government is taking your property, we want to fight for you and get you the just compensation you are entitled by law.
WHY CHAD BROWN LAW SHOULD BE YOUR EMINENT DOMAINS LAWYERS?
Eminent Domain is an obscure area of law. Until the government or private utility company sent you a letter informing you they were planning to take your property, you most likely had never even thought about Eminent Domain. While Eminent Domain involves many complex legal issues, in most cases the main issue is price – what is my property worth and how do I get the government or company to pay me the highest amount?
Chad Brown Law has access to some of the most qualified appraisers in the South when it comes time to prove your property is worth what we say it is worth We know the experts. We also have a strong commitment to stopping government abuse and overreach – fighting for clients to help them get just compensation from the government is just the way we serve our community to check the government’s abuse of power – We fight.
If you are facing property issues where the government or a private utility company is taking your property, call Chad Brown Law today at 335-546-5066. Let us help you understand what is going on and help you get the money you are entitled to by law.
frequently asked questions
What Is the Public Good for Purposes of Eminent Domain?
The question above asks a question that seems to coincide with one of the two main restrictions that the constitution places on the government before it can take private property. However, what is being referred to here as “public good” is actually referred to as...
Can Eminent Domain Be Used for Economic Development?
This question was brought to many Americans’ attention in 2005 after the decision for Kelo v. New London was handed down by the United States Supreme Court. In that case, the Court stated that government could condemn property and convey it to private entities for...
Can Eminent Domain Be Challenged?
The state and federal government do have the inherent right to exercise eminent domain. This inherent right is not expressly given in either the United States Constitution or the North Carolina Constitution. However, those documents do act to restrict the government’s...
Can Eminent Domain Take Your House?
The question assumes that eminent domain is a person or entity that can do something. Eminent domain is a tool, not an entity or person. It is analogous to a specific type of wrench that allows a mechanic to perform a specific task. The idea that the government may...
Can Eminent Domain Be Used for Private Use?
Although to some it might seem inherently wrong for the government to take a private citizen’s property and give it to a private entity, that can indeed happen. The United States Supreme Court in Kelo v. New London, a landmark Supreme Court case in 2005, established...
Can Eminent Domain be Stopped?
When challenging an action for eminent domain, the property owner generally has two avenues. The two avenues that can be used to stop or challenge a taking are found in the Fifth Amendment of the United States Constitution. First, the property owner can challenge the...