The idea and possibility of eminent domain are concerning for most people. Eminent domain is a power that the government holds. They can seize private property if it is needed for public use. There have been instances where the government has taken people’s homes because the property sits where a road needs to be built.
Federal, state, and local governments all have the power of eminent domain. When people first hear about the possibility of losing their property, they want to know what powers they possess.
Can I Refuse The Government’s Offer?
Although you do have the ability to negotiate the government’s monetary offer, you (unfortunately) do not have the power to stop the process. Regardless of how you get there, the government will eventually own the portion of the property to complete the planned project.
That doesn’t mean you are powerless, either. To ensure that you receive adequate compensation for your land, you can negotiate and even fight the government through legal means.
Appraisals
Though you may have to accept that you will lose your land, you don’t have to settle for an amount that isn’t fair. Appraisals can be subjective. Furthermore, the people who create them may mistakenly fail to capture everything about your unique parcel of land. That, in turn, can negatively impact the appraised value of your property.
If you want to turn down an offer or fight for more money, you may be questioning whether you can do this yourself. You can, and it is your right to represent yourself. However, you should understand the scope of work that you could potentially be taking on:
- Negotiating with the government
- Conducting discovery
- Drafting and submitting appropriate court filings
- Attending mediation
- Picking a jury
- Prepping experts
- Creating exhibits
It is important to note that some firms (like ours) only get paid if they get you more money than the government initially offered.
Receiving Compensation
If you cannot come to an agreement with the government over the amount of compensation for your property, the government deposits its initial offer with the court. You will receive at least the amount of the initial offer even if you lose your case trying to obtain more money. Again, ask for an attorney to help you with this process and understand the legal ramifications of seemingly small actions.
Thomas & Webber Law At The Lake
If you need professional legal counseling for any issues connected with real estate, contact Thomas & Webber Law At The Lake. We understand how important your current or future home is to you. That’s why we strive for our clients to understand the process and enjoy it as well.
Thomas & Webber Law at the Lake
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