Eminent Domain Takings

Eminent domain is the government’s power to seize private property of a person for “public use” without the person’s consent.  Courts have given broad meaning to the term “public use” and thus given the government great power in eminent domain takings.  But all is not lost.  When your property is seized via eminent domain, the government is required to give “full compensation” to you for your property based on an appraisal.  Both the taking and the amount of the compensation can be challenged.  Specifically, you have the rights to:

• Contest the taking of your property
• Be awarded “full compensation” if it is determined that your property may be seized
• “Full compensation” includes an attempt to put you back in the same financial condition after the taking that you were in before the taking
• Hire an attorney and expert witnesses, such as appraisers, engineers, and accountants regarding the value of your property
• Have the condemning government pay your attorney’s fees and expert costs

When the government attempts to take your property through eminent domain, don’t sit idly by and acquiesce to the amount they decide to give you.  You can fight to keep your property or, at the very least, attempt to increase the amount of money you receive for your property.  At the Davis Law Firm, we take eminent domain cases on a contingency fee basis and can often get any fees owed to us paid on top of your recovery.