If you receive an offer from the government to purchase your home or property, you are likely facing an eminent domain case.
Eminent domain allows the government to acquire private property from you or your business under the conditions that you receive fair compensation and the property is necessary for public use. The property in question could be tangible or intangible, even extending to branding materials or intellectual property.
Know your rights
In an eminent domain case, you have a constitutional right to the fair market value of your property. You should be suspicious of the initial proposal. The government will try to convince you that the offer is reasonable, but you have the right to present a counteroffer if you disagree. If your case goes to court and a judge agrees with you, you may walk away with much more than the original offer.
Do your research
Contesting an eminent domain case can be complex and complicated. Simply asking for more money will not work. You must justify your counteroffer for the higher value of your property.
- Collect as much documentation as possible supporting your claims
- Bring in an independent appraiser to assess the value of your property
With strong supporting documentation and a coherent legal argument, you may be able to prove that the government’s offer is inappropriate.
If the government comes knocking at your door, you may have no choice but to accept the circumstances. It is important to understand your legal rights and know what resources are available to help you.