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Benefits of an Attorney in an Eminent Domain Case

By on Jun 9, 2014 in Estate Attorney |

An eminent domain case is something that can cause a lot of strife for a property owner.  Eminent domain is the act by a state or national government to seize a piece of private property for public use.  In most common cases, the government will seize the property to use it for public utilities, highways, or some other public structure.

For the government to be able to take the property, the law states that they have to provide the property owner with what is considered fair compensation.  Getting the compensation that you deserve can best be obtained with the help of an attorney.

Law Books

Attorneys Know the Laws and the Marketplace

Attorneys whom work in eminent domain cases have a lot of history in terms of dealing with negotiations with governmental agencies.  Clearly, the government has a real need for your property if they are going to go through the trouble of trying to obtain it for you  Rather than you being bullied into taking compensation you do not feel is appropriate, an attorney can fight for you and get you what you deserve.

Attorneys know the laws and they know what you are entitled to based on past cases and sales of property in the marketplace.  The compensation that you receive is known as fair or just compensation.  It is also known as fair market value.  This means the price point that a willing buyer would pay if they were in a situation where they wanted to voluntarily purchase the property.  With the knowledge of the law and what you are entitled to, an attorney can help put into perspective what is truly fair compensation for you.


Getting the Actual Compensation Deserved

In order to reach that fair market value, there are many different tactics that can be taken.  Without proper attorney representation, you may just be willing to accept whatever the government puts out there as the fair market value.  An attorney is going to help you by going the extra mile to be sure that a proper assessment is done of the property.  This is going to involve an expert being brought in to do a property appraisal.  They will assess your property from top to bottom.  They will also compare your property to recent home sales in the area.  With all of this information, they will come to what they believe is the true fair value of your property in its current state in the marketplace.  Without an attorney pushing for this, you may be left frustrated by minimal government offers.

The key in an eminent domain case is to know that it is your property from the start.  For you to give the property to the government, you have to come to an agreement on what is fair.  The expenses paid in hiring an attorney in an eminent domain case are going to be more than made up in helping you get the fair market value compensation that you deserve for your private property.