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What is eminent domain?
  The right of a government to take private property for public use, usually with compensation to the owner.
How and why can the government take my property?
  Amendment V of the United States Constitution grants the government the power to take private property for public use as long as the just compensation is received by the owner.
  Amendment V - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
  “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
  Amendment XIV of the United States Constitution made the federal power to takes lands apply to the state government.
  Amendment XIV - Citizenship rights. Ratified 7/9/1868.
  “1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
What is the process and can I stop it?
1. First, the condemning authority (the government agency) will notify you probably by a written letter stating that your property will be acquired in order to build a public project.
2. The government agency will appraise the property and make an offer to you. If you accept the offer or agree on a different price the matter is settled.
3. If you and the government cannot agree on a purchase price the government will file a condemnation lawsuit against you seeking to acquire the property.
4. A jury will decide the value of the property in the trial.
No you probably cannot stop the process. The government’s right to take your property for a public purpose is generally superior to your right as a private party to keep the property. Unfortunately, this is the law. The government has the right to take your property without your consent, but not without just compensation. Our team of professionals are dedicated to making sure you receive all of that just compensation.
Our Team of Professionals
How can we help you?
1. Our team of professionals will evaluate you property from a land surveying, engineering and typical appraisal process in order to make sure that the land that is being taken is properly and justly priced based on those factors.
2. Perhaps you property is commercial and some of your available parking is being taken and that may have a negative effect on your business. Our on staff traffic engineer is available to perform a traffic analysis that economic impact.
3. Perhaps your property is on a septic tank the amount of land needed for the absorption field is adversely affected by the taking of your land. Our on-staff professional civil engineer will analyzed that potential economic impact.
4. Perhaps the access to your property has been compromised by the public use of the land that will be acquired. Our on-staff professional engineer can analyze that economic impact.
5. Of course, we will have our appraiser evaluate each of the scenarios in a before and after appraisals in order to make sure that you are justly compensated for the land that is being taken without your consent.
6. Finally, our attorneys not only know the law but they are also practicing professional engineers and land surveyors with the specialized knowledge in each of the these fields that will coordinate the legal strategy to make sure you get your just compensation. Please refer to our About Us page for more specific information on each of lawyers on staff.
 
 
Copyright © 2005 Corbitt Law Firm, PLLC
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2005 Corbitt Law Firm, PLLC chris@corbittlawfirm.com. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.