Eminent Domain Frequently Asked Questions - Introduction
You have received a notice or correspondence from the State, County, Town, City, Village or other governmental entity that some or all of your property is being taken as part of a public project. The taking can be in connection with a road widening, building of a school, creation of a park, environmental preservation, or community development – or, for that matter, anything related to government or public operation.1
Understandably, you will have questions as to your rights and what you should do to protect your rights and economic interests.
- How do I get paid?
- Can I challenge it?
- What is the process?
- Who can make a claim?
- If I am a lessee, can I make a claim or participate in any award?
- What can I recover if I make a claim?
- Can I recover my legal fees?
This FAQ outline is not intended as an exhaustive review of condemnation law or any part of it. That would take multiple volumes. It is not legal advice. That can only be obtained from consultation with your counsel. Hopefully, this outline will give you a general overview of the condemnation process. However, one piece of advice should be followed by any person who receives notice of a condemnation or believes that they have been, or will be, affected by a condemnation. So as to assure that your right and interests are protected; do not ignore any notices. As soon as you become aware of a condemnation which would affect your interests, you should contact your counsel.
It is important that counsel get involved early in the process since claim filing and time requirements can be quite strict. Failure to timely file your claim in the proper form could result in the loss of your right to additional compensation. Under no circumstances should any documents be signed by the property owner without first conferring with counsel.
UNDER NO CIRCUMSTANCES should you wait for the actual construction to begin before seeking counsel. By the time construction begins on any government project, it is usually long after the property has been legally taken and frequently far too late to preserve all your rights to just compensation.
1Although there is a technical distinction between the terms “condemnation” and “eminent domain” they are generally used interchangeably to describe the power of government to take property for public purposes. Occasionally, the term “appropriation” will also be utilized. However, they all mean the same thing -- by whatever process -- the government possesses the sovereign right to take property provided it pays just compensation. In this FAQ the government or government agency which is taking the property is sometimes referred to as the “condemnor.” The property owner is also known as the “condemnee.”
