Fighting Eminent Domain With a Lawyer
While many people accept eminent domain, not everyone does. After all, it is a common practice for the government to take land for the public good. That public good can be anything from a school to a highway overpass or bridge. The transfer of land benefit millions of people, including everyone from children sailing a boat in Central Park to motorists driving to soccer practice. But if you have a property that you believe should be protected, you need to fight for it.
In a typical eminent domain case, the government may contact the owner/occupant and offer to purchase the property. This may be a good thing for you, since the property's value may increase with time. However, if the government offers you an offer that is less than the full value of your property, it may be too good to be true. This is why many people choose to fight eminent domain - to get the highest payout.
The Kelo decision prompted a nationwide backlash against eminent domain abuse. It also educated the public about the dangers of eminent domain. As a result of the Kelo decision, a large number of citizen activists successfully defeated 44 private development projects that sought to use eminent domain. More recently, 47 states strengthened their laws and twelve of them amended their state constitutions to fight eminent domain abuse.
In many cases, eminent domain is not a straightforward matter, but a skilled real estate attorney can help you fight the government's actions. There are several basic requirements that landowners must meet in order for eminent domain to work. In addition to paying fair market value, landowners must also be compensated fairly. If they are paid less than fair market value, they can sue for damages. This can be a tricky process, but it is still possible to get a favorable outcome.
In many cases, the government must offer just compensation when taking private property. However, the government may offer less than the property's value if it does not need the land. This is why property owners should hire an eminent domain lawyer to represent them. They can prove that the process did not follow the law. In addition to fighting government action, an eminent domain attorney can delay a government project by proving that proper procedures were not followed.
For example, when the city of Orlando wanted to build a new soccer stadium on private property, it contacted local residents and businesses and offered to buy their property. They then complied. However, the court found that MetroParks had abused their discretion by approving the eminent domain, and did not have the authority to do so. The result was that MetroParks abandoned most of the land and impacted private property owners.
Even though eminent domain is a common practice, many home and business owners are not willing to sell their property. They enjoy their properties and are happy where they are. Those who do not want to sell their property are the target of the Castle Coalition. After all, their home is their castle, and the government should not be able to take it without fair compensation. There are many benefits to fighting eminent domain.