What is eminent domain?
Eminent domain is the power of a government entity to take private
property for a public purpose upon payment of just compensation.
Eminent domain is also referred to as “appropriation” and “taking.”
Can I stop the government from taking my property through its
power of eminent domain?
The eminent domain process can be stopped if the proposed taking
does not meet the requirements for public necessity or public
purpose. However, if these requirements are met, the government
cannot be stopped from taking your property and your only recourse is
to force the government to provide you fair market value for your
property.
If I cannot stop the government from taking my property, how will an
offer of compensation be initiated?
First, the governmental entity will appraise your land. Based upon its
appraisal, the government is required to make you a written offer of
compensation for the taking of your land.
If the government is required to pay me the fair market value for my
property under the eminent domain law, why should I not just
accept its written offer?
Like any other purchaser of property, the government will attempt to
acquire your property as cheaply as possible, particularly if a property
owner has not sought legal assistance. The government may offer
you far less than your property is worth by hiring appraisers who
determine “fair” market value to the government’s benefit. Fair market
value may vary dramatically depending upon the “highest and best
use” that is selected for your property. If the government’s appraisers
value your property based upon anything less than the “best use,”
these appraisers can justify offering a much lower value. The
assistance of our lawyers can help ensure you get fair market value for
the “highest and best use” of your land.
What happens if you do not accept the government agency’s offer
of compensation?
The governmental entity will file a lawsuit in order to obtain title to your
property. The property owner must then exercise his/her rights and
request a jury determination of “just compensation,” by filing an
Answer with the appropriate court, or risk a determination in favor of
the appropriating authority by default.
Once an Answer is filed with the Court, both parties will begin to
prepare for a jury trial by hiring expert witnesses, such as appraisers
and other land consultants to evaluate what they believe to be the fair
market value of the property. While preparing for trial, our lawyers will
continue to negotiate a settlement prior to the commencement of trial.
The Court may also require you as the property owner, all attorneys,
and the appropriating authority to meet with an impartial Mediator to
see if a reasonable compromise can be achieved. If settlement cannot
be reached, the case ultimately proceeds to trial for a jury
determination of “just compensation.”
Can the government assess any penalties against me for making
them appropriate my property rather than voluntarily selling it to
them?
No. By forcing appropriation, the property owner is simply exercising
all the constitutional and statutory rights that the law allows. It is the
only way for the owner to receive the full value for his/her property if the
government refuses to voluntarily pay that amount.
What are the customary attorneys’ fees for representation in an
eminent domain case?
Our fees are usually contingent upon success. A contingency fee
agreement means that we only receive payment if we are successful
in obtaining you additional money for your property. Our standard fee
would be one-third of any amount recovered for you over and above the
government’s final written offer. The client is responsible for costs
associated with pursuing fair compensation in court, such as the
hiring of expert consultants or appraisers. In certain circumstances
the appropriating agency may be required to pay reasonable attorneys'
fees.
Eminent domain is the power of a government entity to take private
property for a public purpose upon payment of just compensation.
Eminent domain is also referred to as “appropriation” and “taking.”
Can I stop the government from taking my property through its
power of eminent domain?
The eminent domain process can be stopped if the proposed taking
does not meet the requirements for public necessity or public
purpose. However, if these requirements are met, the government
cannot be stopped from taking your property and your only recourse is
to force the government to provide you fair market value for your
property.
If I cannot stop the government from taking my property, how will an
offer of compensation be initiated?
First, the governmental entity will appraise your land. Based upon its
appraisal, the government is required to make you a written offer of
compensation for the taking of your land.
If the government is required to pay me the fair market value for my
property under the eminent domain law, why should I not just
accept its written offer?
Like any other purchaser of property, the government will attempt to
acquire your property as cheaply as possible, particularly if a property
owner has not sought legal assistance. The government may offer
you far less than your property is worth by hiring appraisers who
determine “fair” market value to the government’s benefit. Fair market
value may vary dramatically depending upon the “highest and best
use” that is selected for your property. If the government’s appraisers
value your property based upon anything less than the “best use,”
these appraisers can justify offering a much lower value. The
assistance of our lawyers can help ensure you get fair market value for
the “highest and best use” of your land.
What happens if you do not accept the government agency’s offer
of compensation?
The governmental entity will file a lawsuit in order to obtain title to your
property. The property owner must then exercise his/her rights and
request a jury determination of “just compensation,” by filing an
Answer with the appropriate court, or risk a determination in favor of
the appropriating authority by default.
Once an Answer is filed with the Court, both parties will begin to
prepare for a jury trial by hiring expert witnesses, such as appraisers
and other land consultants to evaluate what they believe to be the fair
market value of the property. While preparing for trial, our lawyers will
continue to negotiate a settlement prior to the commencement of trial.
The Court may also require you as the property owner, all attorneys,
and the appropriating authority to meet with an impartial Mediator to
see if a reasonable compromise can be achieved. If settlement cannot
be reached, the case ultimately proceeds to trial for a jury
determination of “just compensation.”
Can the government assess any penalties against me for making
them appropriate my property rather than voluntarily selling it to
them?
No. By forcing appropriation, the property owner is simply exercising
all the constitutional and statutory rights that the law allows. It is the
only way for the owner to receive the full value for his/her property if the
government refuses to voluntarily pay that amount.
What are the customary attorneys’ fees for representation in an
eminent domain case?
Our fees are usually contingent upon success. A contingency fee
agreement means that we only receive payment if we are successful
in obtaining you additional money for your property. Our standard fee
would be one-third of any amount recovered for you over and above the
government’s final written offer. The client is responsible for costs
associated with pursuing fair compensation in court, such as the
hiring of expert consultants or appraisers. In certain circumstances
the appropriating agency may be required to pay reasonable attorneys'
fees.
CONTACT MAS:
One Independence Bldg
Suite 260
4807 Rockside Road
Independence, Oh 44131
Phone: 216-867-0246
Fax: 216-447-9296
info@lawmas.com
Suite 260
4807 Rockside Road
Independence, Oh 44131
Phone: 216-867-0246
Fax: 216-447-9296
info@lawmas.com
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PRACTICE AREAS
------------------------------
If you or a loved one has
been injured or victimized
through the fault or
misconduct of another,
you may be entitled to
compensation.
To learn about your
potential rights under the
law, please contact one
of our attorneys at MAS
for a free consultation.
been injured or victimized
through the fault or
misconduct of another,
you may be entitled to
compensation.
To learn about your
potential rights under the
law, please contact one
of our attorneys at MAS
for a free consultation.
I
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MASTERS AND SIVINSKI, LLC