Alabama Condemnation Litigation Attorneys
Understanding condemnation can be difficult, particularly because the word isn’t one that we tend to use commonly. When you take the time to break it down, however, it becomes much clearer. Condemnation is what happens when a state, federal, or local government takes ownership of private property and then compensates the owner. Note that the owner does not have to approve of the sale nor the purchase price. The compensation must be fair, but that’s about it as far as guidelines go – and yes, the private property in question can be seized even without the owner’s consent. This is part of the reason why condemnation, also known as eminent domain, is such a hotly debated issue.
Are you experiencing condemnation issues? If so, you should seek out an attorney experienced with this area of law as quickly as possible, because there is no time to waste in these cases. Gaines LLC, for example, is happy to provide an experienced team of legal professionals who not only understand condemnation law and eminent domain, but who are more than willing to fight aggressively on the behalf of our clients. We work hard to make sure that their rights are upheld and that their case receives the amount of attention and care that it deserves. If you need help with eminent domain in Alabama, our attorneys can help.
Why would the government seize property?
The question of why exactly the government would make the decision to seize someone’s property is one that comes up quite often. There are a number of reasons why this might occur. Think of an area where a school or railroad is desperately needed. In these situations, the government can take private property and use it to better the community in general. The former owner is compensated for the loss of the property.
It is important to understand that while most of the publicly documented cases of eminent domain have to do with public use buildings, the government can take property for private use, too. If there is an area with a great lack of housing options, for example, then the government could take private property and build housing developments on it in order to help ease the problem. Another example might be an area that is particularly dilapidated or deteriorated. This kind of property can also be seized and then sold under the umbrella term “eminent domain”.
What is the condemnation process?
The process by which private property ends up under the government’s ownership might vary from case to case, however there are some steps that often hold true. First of all, the government will appraise the property in order to determine its worth, also known as its fair market value. It will then offer the owner of the property something called a pro tanto award, which is basically a partial payment that is offered as compensation for the property being seized.
Should the owner decide that they don’t want to sell, then the government will begin the court process necessary to officially execute eminent domain. The government will have to show that their monetary offer was reasonable and that the property in question is being seized for approved reasons. The property owner will have both the chance to respond to the claims made by the government as well as to appeal the decision made by the court, as does the government. Ultimately, however, if the government has set its sights on a property that they believe would be beneficial to the public, they have the right to seize it for that use. You have the right to appeal this decision and to seek legal help from an experienced attorney.
Seek Immediate Help
In condemnation litigation, it is very important that you do not wait to seek the advice of a professional. The sooner you pull in an attorney, the sooner they can start building an effective legal strategy to use in court to help defend your property against the notice of condemnation. These can be difficult and complex cases, and it is in your bests interests to enlist the help of professionals.
Contact A Condemnation Litigation Attorney
The condemnation litigation attorneys at Gaines LLC can help. Reach out to us today for more information and to find out exactly how we can work with you and the courts to determine a favorable outcome.