Condemnation & Takings
Condemnation and Eminent Domain
The Constitution of the United States allows the government to take private property. In order to protect against government abuses, however, the 5th Amendment provides that private property can only be taken for a “public use” if “just compensation” is paid. Of course, disputes arise about whether the government’s plan for your property is for a “public use” and what “fair compensation” should be.
This area of the law is complex. Recent decisions from state and federal courts continue to confuse the issue. Moreover, many property owners think that the government will treat them fairly. That is not always the case. In order to take your property, the government must follow specific procedures. At Broadbent Law, we make sure the government acts appropriately. More importantly, we make sure you are compensated fairly for your property.
We are so confident we can help you get the fair value of your property that we take condemnation cases on a contingency basis. What this means to you is that we only collect a fee on the extra money we earn for you. While clients are still responsible for costs (court costs, appraisal, or expert fees), our fee is only 1/3 of the additional money we recover from the condemning authority. This arrangement makes sure that our clients are protected, without having to “come out of pocket” for expensive litigation.
Because of the complex nature of these claims, it is essential that you have an attorney guide you through the process. If a government agency has contacted you about taking all or part of your property, contact Broadbent Law today to see how we can protect your rights and make sure you receive the fair value of your property.
Takings or Inverse Condemnation
When the government takes your property, it must declare the “taking.” If the government takes your property but fails to initiate a condemnation, or fails to pay “just compensation” as required by the 5th Amendment, property owners must sue to protect their rights. These claims are sometimes referred to as “inverse condemnation” or “takings” claims.
The government can improperly “take” your property in several ways. It can physically take the property, i.e. take the land, keep it after a lease expires, flood it, deprive you from access to the land, build a road on it, etc…. The government can also institute a “regulatory taking.” This type of taking occurs when the government adopts regulations, or takes some action, that makes your property unusable for economically viable purposes.
In these situations, you have a right to sue the condemning authority for the lost value of your property. Understandably, these claims are complicated and require an experienced attorney to make sure your interests are protected. If the government has taken your property, either physically or by regulation, contact Broadbent Law and let us help you collect the fair value of your property.