Eminent Domain / Land Condemnation

Eminent domain is the power that federal, state, and municipal authorities have to “condemn” and then acquire property from private landowners. While the power of eminent domain is recognized by the U.S. Constitution, that does not make the reality of losing your property any easier.

The business law attorneys at Testa & Associates provide legal services to commercial and residential property owners who have been contacted by government authorities seeking to acquire their property. Our experienced eminent domain attorney can prepare or evaluate your initial offer, negotiate an acceptable settlement, or take your challenge of seizure or claim for just compensation to trial and through appeals.

Valuing Property Seized by Eminent Domain

You have the right to receive a full narrative appraisal of your property. The government agency will hire an appraiser to assess the value of your property, but the law requires that the appraiser confer with you or your representative, which may be your business lawyer.

You also have a right to secure your own narrative appraisal of your property from a qualified appraiser. The government agency can be billed for this cost if the appraisal meets certain standards. Your appraisal, and any appraisal conducted by the government’s appraiser, will both be considered in negotiations for payment for your property.

Negotiating Property Value

The government agency seeking to purchase your property will enter into negotiations. Not only will the question of property value be considered, but also the types of damages that might be paid and relocation costs that may be incurred. As business law attorneys, the lawyers at Testa & Associates are prepared with negotiation and trial strategies to ensure that our clients receive the maximum value for their property and adequate relocation benefits to ensure a smooth transition.

If the government offers payment that is not acceptable, you can reject the offer. The government will then make a “jurisdictional offer.” This document will give a proposed date when they intend to occupy your property and the amount of compensation they will pay. You have 20 days to accept or reject the offer, after which time the government body will ask the court to submit the matter to a superior court judge.

Challenging Land Condemnation and Eminent Domain Abuse

The first opportunity you have to contest the seizure of your property is to inquire about the legitimacy of the government’s need for your property. We may be able to challenge their authority to take your property or the legitimacy of their proposed use as stated in the “Resolution of Necessity.” Successful challenges to the government’s acquisition of property through eminent domain are rare. Talk to our attorney about the specifics of your case.

Rezoning / Encroachment

In addition to outright land condemnation, government authorities can take other actions that reduce the value of your property. We can represent your interests at city hall if zoning laws have had a negative impact on your property value.

Contact Testa & Associates for legal representation throughout an eminent domain land condemnation proceeding.

* Please also visit our Wrongful Death site.