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When the government wants to seize private property for a public project, they must provide just compensation. This is typically defined as the fair market value of your property plus any additional costs you may have incurred as a result of the seizure. A qualified property eminent domain litigation attorney can help you fight for the fair compensation you deserve.

Eminent domain is a power granted by the Constitution to federal, state and local governments to take private property for public use. However, the Constitution limits how this power is used. The government can only take private property for a public purpose or public necessity. This includes road construction, utility transmission lines and pipeline replacement, building schools or hospitals and other projects that benefit the general public. The Constitution also requires the government to offer fair compensation to property owners. Also read https://www.4brothersbuyhouses.com/we-buy-houses-in-woodbridge-va/

The eminent domain process begins with a government agency determining that it needs the land for its intended purpose. The agency then provides the owner with written notice of its intention to acquire the property. In this notice, the agency must include a legal description of the property it intends to acquire and its offer to pay for it. Property owners are not required to accept this offer, but they must be willing to negotiate with the agency.

As part of the negotiation process, the property owner should carefully review this offer and any appraisal reports the government has obtained. The property owner must ensure the offer is reasonable, or it could be argued that the agency has not complied with the constitutional requirements for the power of eminent domain.

In cases where the government intends to take a large amount of property, it can file an eminent domain action in court to escalate the negotiations. This is often accompanied by a public hearing where residents and business owners can voice their opinions about the project. If the parties cannot reach a compromise, a jury or judge will determine the amount of fair compensation.

When a large part of a property is taken, it can be more difficult to determine fair compensation than when an entire parcel is taken. This is because it is harder to value one part of the property individually. It is important to work with a knowledgeable eminent domain attorney who can evaluate the entire property and determine if there are any damages that would be overlooked by appraisers.

A knowledgeable eminent domain attorney can also evaluate the amount of compensation that should be paid for a partial taking. This can be complicated because the appraiser will need to consider what is known as severance damage to the remainder of the property, or damage to the remaining portion that is not being taken.

If you have been threatened with eminent domain, contact our office immediately. We have extensive experience representing both public agencies and property owners in a variety of eminent domain matters. We can review the case with you and provide a free consultation about your legal options.