When an authorized government entity proposes a construction or improvement project that will benefit the public in some way, the entity has the constitutional right to invoke its eminent domain power in order to seize privately owned land for public use. In other words, eminent domain—a power recognized in both the federal and the Alabama state constitutions—gives certain entities the right to take private land for public use. However, the entity that is exercising its eminent domain power is required to provide “just compensation” to the affected private landowners in exchange for taking their property. As a private property owner in Alabama, learning of an upcoming construction project, such as the widening of a major highway or the expansion of a waterway, can trigger significant anxiety about what will happen to you and your land. When an entity wishes to invoke its eminent domain authority, it will initiate a formal legal process known as condemnation. Unfortunately, many private property owners do not understand that they have legal rights and options in the face of an eminent domain or condemnation action, which often leaves them vulnerable to accepting a lowball compensation offer or unknowingly forfeiting other legal rights they may have. As soon as you learn of a proposed eminent domain project that may take shape in your community, consider contacting a highly qualified and experienced Alabama eminent domain lawyer to discuss your legal rights and options. While you may not be able to outright stop an eminent domain action, there are many other steps you can take to protect your rights and ensure you receive everything you are entitled to.
Understanding Eminent Domain Disputes in Alabama
First, it’s important to recognize that an entity wishing to exercise its eminent domain power must meet certain criteria in order to proceed with it’s proposed action. According to the Institute for Justice, “eminent domain gives the government the power to take your property, even if you don’t want to sell. But under the Fifth Amendment, eminent domain must be for a ‘public use,’ which traditionally meant projects like roads or bridges. Meanwhile, the government must pay the owners “just compensation for their property.” In other words, the condemning authority must be able to justify the public use element of their proposed project by explaining how accomplishing it would benefit the public in some way. Moreover, the entity must compensate the affected private property owners in a manner that is “just.” As you can imagine, the terms “public use” and “just compensation” can be frustratingly vague, which can lead to eminent domain disputes and issues arising during the condemnation process. For instance, the condemning authority may offer you an amount of compensation that they label as “just,” but this offer originated from an appraiser employed by the condemning entity (which calls into question the accuracy and sufficiency of the offer). Instead of assuming that you are legally obligated to accept a lowball offer without question, it’s essential that you consult with your highly qualified and experienced Alabama condemnation lawyer to develop options to obtain substantially more compensation. In many cases, the answer is yes.
The best position to be in is to already know what you are entitled to before you receive the offer. A skilled condemnation lawyer can arrange for an independent appraisal performed by an appraiser that understands the unique methodologies of a condemnation valuation. This will take several months to prepare. So, it is important to consult with a condemnation attorney as soon as you learn that a public project might result in the taking or damaging of some or all of your land.
Can Eminent Domain Be Stopped in Alabama?
Faced with the imminent loss of your beloved property and home, you are likely asking the question, “Can you stop eminent domain?” While property owners facing eminent domain and condemnation actions cannot flat-out refuse to hand over their land or participate in the legal proceedings, there are a few ways to push back against some proposed takings. One option is to contest the necessity of the taking itself—perhaps the parameters of the proposed project do not require the seizing of your property. Or, perhaps you can negotiate a partial taking of your property instead of the total taking of your land. Another strategy is to challenge the public purpose of the project. You and your attorney may be able to challenge the condemnation by arguing that the project will only benefit a large corporation or some other person or business and not the general public.
How to Prevent Eminent Domain Disputes in Alabama
As a private landowner in Alabama, you have the right to hire an independent condemnation appraiser, someone who is not on the payroll of the condemning entity. Your condemnation attorney will know who can do this for you. It’s critically important to hire an appraiser experienced in the methodologies required by state law so, if you have to go to court, your appraisal is admissible evidence that can be considered by the jury. Having your own independent condemnation appraisal gives you great leverage and negotiating power to get more money. Although the prospect of pushing back against an initial compensation offer and taking on a larger (not to mention intimidating) entity can seem daunting and stressful, you can always enlist the assistance of a skilled and experienced eminent domain and condemnation attorney to handle it for you. Given the complexities of eminent domain laws and the potential for significant financial loss, hiring an experienced attorney is essential for property owners to protect their rights and navigate the legal process turning lemons into lemonade.
Learn More About Your Legal Rights and Options Today
At Sewell Sewell Beard LLC, we are committed to helping our clients understand and enforce their legal rights. We’ve been doing this for 40 years! If you have questions about an upcoming project that may involve eminent domain or condemnation proceedings, the dedicated team of knowledgeable attorneys at Sewell Sewell Beard LLC is ready to provide you with the reliable and effective legal advocacy you deserve. Please call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 today to get started.
