CONDEMNATION

CondemnatoionCondemnation law is the area of the law that deals with eminent domain, the power of the government to take private property for a public purpose. Although the government has the right to take your property for public purpose, you are entitled to recover the full fair market value of the property taken, including the damages to the remainder of the property. While the United States Constitution entitles the landowner to “just compensation,” the government’s offer may only appear “just” to one party.

The sad fact is that the government, like most of us, wants a bargain, sometimes offering pennies to every dollar your property is worth. Too many homeowners and landowners are left with no one to negotiate with the government on their behalf when the price just isn’t right. Even if the government has a right to take your property, it does not have exclusive rights to dictate the price for it. Furthermore, the eminent domain process can be stopped if the property doesn’t meet the criteria for “public purpose”.

Under the threat of condemnation, people are often unaware of the small things they can do or say that can determine whether this process is beneficial or devastating for them. For instance, not everyone knows that all of the information you provide to the government regarding these matters, even if informally, may be used against you later in condemnation proceedings or that not maintaining the appearance of a property before the taking can lower its appraisal value.

Before your property is taken, it is imperative that you obtain a trial lawyer who is experienced in condemnation law. Never take a written position or give the government personal information or appraisal information without first consulting an attorney. At Fisher Stark, we are dedicated to aggressively pursuing that amount which will fully and fairly compensate you for the property which is taken, as well as the impact upon the property that is left behind after the government has taken what it needs. Our firm has a solid, successful history of compiling the evidence we need to defend your rights, enabling us to extend to clients our incomparable skills in the following:

  • Making sure that the government is initiating a reasonable taking
  • Ensuring that your property is fairly appraised
  • Pursuing compensation that will restore all of the losses incurred
  • Negotiating changes to the project or taking that can minimize the impact it has on a landowner and the remaining property

The attorneys at Fisher Stark have experience representing property owners who are faced with the prospect of losing their property. If you are facing condemnation, please contact our office to find out what questions you should ask, what information you should or should not share, and what should be your next move. We pride ourselves on guiding our clients through the eminent domain process to ensure that they receive the full amount to which they are entitled. If you could like a free case evaluation, please contact us today.

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Asheville NC Attorneys, Perry Fisher and Brad Stark will assist you with your business and personal injury legal issues. Call 828-505-4300 today.
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Last updated 7/5/2015