Eminent Domain, the Benefits of Having an Attorney Working With You
The government can be quite a scary entity to deal with. The power of the government is unmatched. One of the powers that the government has include what is known as eminent domain. Through the power of eminent domain, the government has the ability to seize property from you, if it is determined that said property is absolutely necessary for public use, of the better of some type of government project. This could be land to build a new school on, or even something such as a brand or logo that the government feels is required for public use for some reason.
As with any property that we have, no one wants to be told that you simply have to give that property up. We all, as Americans, put a lot of blood, sweat, and tears into the property that we obtain throughout our lives. This includes thing such as our homes, businesses, and so on. One of the best ways to approach an eminent domain case is to have an attorney working with you. With the assistance that an attorney can provide, you can feel far more confident in going head-to-head with the government to see if you can either keep your property, or at least get fair value for it in the end. Let’s take a closer look at why it is beneficial to have an attorney by your side.
Knowledge of the Applicable Federal and State Laws
One of the biggest benefits of having an eminent domain attorney working with you is their extensive knowledge of all of the applicable federal and state laws. There are both federal laws, as well as state laws as they relate to eminent domain. This means that the government has different powers, depending on the state that you live in, when it comes to their rights to obtain your property.
Eminent domain attorneys are going to have a great deal of in-depth knowledge into all of these little legal nuances. They have spent years studying the laws and dealing with different statutes and such in federal, as well as state jurisdictions. The way in which you navigate the law is half the battle in terms of getting a fair deal, especially when it comes to eminent domain. This knowledge can be a great tool to have and assist you as you go through the legal process.
History Dealing in Eminent Domain Cases
The historical knowledge that an eminent domain attorney is going to have should not be downplayed. Think about how you learn at work. In many instances, you learn by repetition. As you go, you begin to learn more effective and efficient ways of doing things. The same can be said for an attorney that specializes in something such as eminent domain cases. When you work with an attorney with this level of knowledge and history, chances are they have seen a case like yours in the past. Using this prior common law knowledge is going to give them a leg up to know exactly what path to take to get you the best outcome, in the most effective and efficient manner possible. It is also going to give you an opportunity to get an idea of what the expected outcome is going to be earlier in the process.
Understanding When the Offer is the Right Deal to Accept
Eminent domain cases typically involve a lot of back and forth with the government and the property owner. The government will typically start with an offer that you are more than likely not going to consider adequate. This is going to lead to some exchanges of offers and counter-offers. The key is to know when to pull the trigger and accept the deal that is right. Once it gets to the point where no agreement can be reached, it goes to court and a judge decides in the end what is fair market value. When you have the power in your hands still, an attorney can tell you when the deal you are being offered is the right one.
There has been countless eminent domain cases in the history of United States law. In the majority of instances, the government is going to get what they want, your property for public use. When you have an attorney working with you, though, you will have a much better chance of not only protecting your property, but at the very least getting a value for it that is fair in your eyes.