Eminent Domain: Understanding What Is At Stake Is Crucial
If you have worked hard to acquire property, it may come as a shock to realize that the government can ask you for some of it back under certain conditions. But eminent domain, as it is defined by the U.S. Constitution, limits the conditions under which a government can ask for your land, and guarantees it must offer you a fair price for the land.
At Robert I. Joseph, P.C., our founding attorney has represented clients in various real estate legal matters, including eminent domain. Our practice helps property owners grasp the implications of this process, so they may make decisions that protect their investments and their family’s legacy.
How A Lawyer Can Help With Eminent Domain Transactions
Governments usually seek eminent domain when undertaking “public use” projects. This can include anything from installing pipelines, erecting electrical transmission lines, and widening highways to building government buildings or expanding national parks. It is rare for a landowner to succeed in completely resisting acquisition of their land by the government. An experienced real estate lawyer who has handled eminent domain cases can help you at every step of the process, including:
- Negotiating a fair price for your property and settling the matter outside of court
- Advocating for specific terms in the sale that limit what the government can do with the land they purchase – especially important if you have a property you intend to pass to your children or grandchildren
- Representing your case before a county court condemnation hearing to challenge an unfair sale offer
- Appealing your case if the condemnation hearing does not produce the results you need
Many landowners do not understand their rights in eminent domain cases and will settle for offers that are not adequate relative to what they are being asked to give up. Our firm always prepares for the potential of court litigation, and this is key to encouraging the best possible offer from the government entity you are dealing with.
Practical Legal Solutions Backed By Decades Of Experience
Our firm’s primary attorney brings a unique blend of entrepreneurial and legal experience. If you are faced with a real estate challenge such as eminent domain proceedings, call our offices in Lubbock at 806-762-0555 or use our online contact form.