Eminent Domain and Property Condemnation: What You Need to Know

When the government or a private company, like the Department of Transportation (DOT), a pipeline, or utility provider, decides to take your property for public use, it can be overwhelming. Known as eminent domain, this process allows entities to legally take private property but requires them to pay just compensation. If you’re facing such a situation, it’s essential to understand your rights and how a condemnation attorney can help ensure you receive fair compensation.

What Does a Condemnation Attorney Do?

A condemnation attorney specializes in representing property owners when their land is taken through eminent domain. At Ferikes Bleynat & Cannon, Bill Cannon has extensive experience in eminent domain cases, helping property owners secure the full compensation they deserve. A skilled condemnation attorney will evaluate the value of your property, navigate the complex legal landscape, and present your case effectively to a jury if necessary.

Why You Need a Condemnation Attorney

You have only one chance to negotiate the best possible compensation when your property is taken. Attempting to work directly with a government entity, such as the DOT, without legal representation may result in significant under-compensation. Even if the agency offers a settlement, an attorney will ensure that every element of damage is accounted for and you aren’t missing out on potential compensation.

In one case, Bill Cannon successfully proved that a right of way, long assumed by the DOT to be public property, actually belonged to a property owner. Without legal counsel, the owner would have received nothing for that portion of the land. With Bill’s help, the client received the compensation they deserved.

Common Condemnation Questions

Can I recover attorney’s fees?
In most condemnation cases, attorney’s fees cannot be recovered. However, fees may be awarded in inverse condemnation cases, where a government entity takes property without following the proper legal process.

How much will it cost to hire a condemnation attorney?
Many condemnation attorneys work on a contingency fee basis, meaning they only get paid if you receive compensation. The fee is typically a percentage of the amount recovered. Alternatively, hourly fees may also be available.

How will I know if my property is being condemned?
In most cases, you will receive written notice before condemnation proceedings begin. The agency may even extend an offer of compensation before formal proceedings are filed. Once filed, you will be served with a copy of the condemnation proceeding by mail or a deputy sheriff, at which point you’ll have a specified time to respond.

What compensation can I recover?
Compensation is usually calculated based on the fair market value of your property at the time of the taking. If only part of your property is taken, the compensation is typically the difference in value between the entire tract of land before the taking and the remaining property after the taking.

Several factors affect compensation:

• Date of taking: Compensation is calculated based on the property’s value on the date of taking.
• Fair market value: Determined by the property’s highest and best use, not necessarily its current use.
• Interest: If compensation awarded at trial exceeds the amount initially offered, you may be entitled to interest on the difference.

Who can take my property?
Government entities, including federal, state, county, and city agencies, as well as private companies like utility providers and railroads, can take property for public use under eminent domain. However, the purpose must be for the public benefit.

Key Takeaways

• Don’t sign any documents or accept offers from the condemning authority without consulting a lawyer.
• A condemnation attorney can help ensure you receive full and fair compensation, taking into account the value of your land, buildings, and potential business losses.
• Timing is critical in condemnation cases, and it’s essential to seek legal help as soon as you are notified of a potential taking.

At Ferikes Bleynat & Cannon, we have years of experience representing property owners in condemnation cases, ensuring they receive just compensation when their property is taken for public use. Contact us today to learn more about how we can help protect your rights.