What to Do When Someone Seeks to Condemn Your Property
What to Do When Someone Seeks to Condemn Your Property
You’ve been given a notice of condemnation. This means that the government or another condemning body will soon buy your property for an unspecified public improvement. When threatened with condemnation, most landowners immediately start looking for ways to halt it. Even though it’s possible to stop the condemnation, most attempts to fight the power of eminent domain are pointless. Consequently, the key issue in your dispute with the condemning authority will be the amount of money you’ll receive for the land it’s appropriating.In real estate, land condemnation happens when the government takes private property through eminent domain or other purposes. In a condemnation process, the court usually decides if the taking is legal and gives fair compensation. This article will dig into the topic of real estate condemnation.Grasping the Concept Of CondemnationThe term ‘condemnation’ refers to the legal means by which a piece of land is acquired. Both public agencies and commercial businesses can carry out the operation. As was said above, the procedure is meant to achieve a certain goal, such as improving health and safety or serving some other public purpose.The procedure may be short-term until the underlying issues are resolved and remedied. On the other hand, they could be permanent and force property owners to go through eminent domain. When the government seizes or transfers control of a building, demolition and rebuilding are the next steps.Local governments issue condemnation orders when they think a building is unsafe for people to live in and could damage other buildings in the area. Others, like those abandoned, in bad shape, or not well taken care of, may be torn down if they bother the neighbors. Whether occupied or not, these structures are not suitable for human habitation. If you received a condemnation notice, immediately contact an eminent domain attorney. Condemnation Notices And Legal ProtectionsThe Fifth Amendment to the U.S. Constitution says that state and federal laws will protect you as a landowner. The rights of those who own private property include: 1. Public purpose According to the Fifth Amendment, the government must have a legitimate public use for it to condemn private property. Even though there’s no single, agreed-upon definition of ‘public purpose,’ the government can only take private property in certain situations.2. Due Process The government must provide all individuals with due process of law before seizing their property, as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution. Before the government can take land through eminent domain, the owners must have a chance to say what they think. There needs to be enough detail in the notice to give landowners and other interested parties a chance to reply.3. Just CompensationThe Fifth Amendment ensures that those whose property is taken under the threat of eminent domain are fairly compensated for their loss. Just compensation for property taken through eminent domain is money paid to the property owner in exchange for the loss of the owner's property. The property owner can get paid for the value of the items taken and for damage to the rest of the property.
Rubber-banded rolls of hundred-dollar bills; image by Pictures of Money, via Flickr, CC BY 2.0, no changes.
About RIco Sullivan
Rico Sullivan is a paralegal working for a leading legal firm in his city. He also contributes to blogs and publications by writing articles on property law. Rico spends his weekends boating with his friends.