|
 |
 |
The Process:
If a government entity needs your property, or any part thereof, you will be contacted by the government’s agent and an appraiser that is hired by the government. Keep in mind that the appraiser, though independent, likely gets a lot of business from the government.
The government will then make you an offer for your property.
Any information that you provide the government may be used against you later. Do not give the government copies of any documents without consulting your attorney.
YOU MAY EITHER ACCEPT OR REJECT THE OFFER. A REJECTION WILL IN NO WAY AFFECT YOUR LEGAL RIGHTS.
WHAT HAPPENS IF YOU DO NOT ACCEPT THE GOVERNMENT'S OFFER?
If you do not accept the offer, the government is forced to file a lawsuit to obtain title to the property. The government will likely deposit the amount that they estimate to be “just compensation” with the Clerk of Court. You can often withdraw the deposit and then fight about additional money owed. That way, YOU ARE IN A NO-LOSE SITUATION. You will have already obtained the amount of the offer, and can likely receive more after negotiations. It is imperative that you consult an attorney about the legal ramifications of withdrawing the deposit, answer deadlines, and hiring experts to prove your claim.
JUST COMPENSATION
The United States Constitution requires that a condemning authority pay “JUST COMPENSATION” for all property that it takes from individual landowners.
What is “just compensation”?
The measure of damages is usually the fair market value of the property at the time of the taking. Such a term is very subjective and different experts can have different opinions on the amount of just compensation. Also remember, YOU ARE ENTITLED TO DAMAGES TO THE REMAINDER OF YOUR PROPERTY IN THE CASE OF A PARTIAL TAKING.
What are the usual and customary attorney fees for representation in a condemnation action?
Our fees are usually contingent upon success. Our fee is usually one-third of ANY AMOUNT RECOVERED OVER AND ABOVE the government’s final written offer. Again, this puts you in a no-lose situation. You will receive the initial amount offered by the government, and will then share in the negotiated or awarded amount over and above such amount. |
|
 |
| |
| |
|
| |
|
|
