Eminent Domain

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what are civil rightsEminent domain is when the government decides to take land away from private citizens or companies and use it for government or public use.

The government is not without limitation and is subject to both federal and state regulations.

The government cannot just step in and take private property without giving the owner fair compensation.

Often there is a discrepancy between the government and property owner regarding the value of the property.

When there is a discrepancy, it is best to speak with an experienced real estate lawyer who has a history with eminent domain cases.

When the government decides that it needs private land for public use, there is a process that must be followed.

First, the property owner must receive ample notification from the government letting them know of the government’s intentions. If there is no agreement as to the property value and owner’s compensation, the government will begin what is referred to as a condemnation proceeding. The property owner typically follows this with an inverse condemnation proceeding and seeks to reclaim their desired compensation.

If you feel that the government has abused your rights or has taken your property or land without proper reason, then you must seek the advice of an attorney who is experienced with real estate as well as land and property law.

Do not feel that you are without recourse; you can take legal action and make certain that your rights are represented. You should not let the government intimidate you. If you question the validity of their claim, believe that you were not properly notified, or if the government has failed to offer you compensation for your property, do not hesitate to go further with legal action.