When a government entity needs to improve a roadway, expand public transportation options, or otherwise complete a project that will benefit the community in some way, private land may be needed to accomplish these goals. For example, adding a new on-ramp to a highway may be the best way to relieve traffic congestion in a particular area—but the land where the on-ramp needs to be constructed may be privately owned property. In such cases, the government entity wishing to undertake this highway construction project (i.e., the Department of Transportation), has the right to invoke its eminent domain authority to seize private property for public use. Essentially, eminent domain is a power recognized by both the federal and state constitutions that enables qualified government entities to take private land and use it for projects that will be for “public use.” However, the entity invoking its eminent domain authority must provide the affected landowner with “just compensation” in exchange for seizing the property. When an entity wishes to invoke its eminent domain power, it must initiate a formal legal process known as condemnation.
While the condemning authority must inform private property owners of their legal rights and options when facing an eminent domain or condemnation action, the landowners often find themselves confused or even intimidated by these complex legal proceedings. As soon as you hear of a proposed construction or improvement project that could affect your property, it’s worth contacting a skilled and experienced Alabama eminent domain attorney to discuss your options. Low-income property owners can be particularly vulnerable when faced with eminent domain or condemnation actions. Let’s take a look at how eminent domain matters typically unfold in Alabama and some of the steps that property owners can take to exercise their legal rights at every opportunity to ensure a fair and equitable outcome.
Understanding Alabama Eminent Domain Law
It’s helpful to understand what the term “eminent domain” means, both legally and practically. According to the Alabama League of Municipalities, “Eminent domain, by definition, is the power of the state to take private property for public use. In Alabama this practice and procedure is known as the right of condemnation. This power is founded on the common necessity of taking an individual’s property for the benefit of the whole community. The consent of the individual is not necessary, since the state has a superior right to appropriate for public use private lands within its borders subject, of course, to payment for the land.” In other words, qualifying government entities have the right to seize private property without the consent of the private landowner, so long as the condemning authority compensates the landowner justly and the proposed project meets the requirement of being for public use. It’s important to note that the U.S. Supreme Court’s Kelo v. New London ruling expanded the definition of “public use” to include private economic development. This means that local governments may be able to condemn private land (including homes and businesses) so that the new owners can generate more taxes or jobs on the existing land. Over the years, many civil rights advocates have argued that certain condemning authorities have taken advantage of the term “public use” to justify the displacement of low-income and minority populations. Eminent domain law in Alabama can be complex and difficult for the average private property owner to understand, so enlisting the guidance of a highly experienced and trusted Alabama eminent domain lawyer is highly recommended to maximize your chances of obtaining a fair and just outcome.
Navigating Eminent Domain Proceedings in Alabama
When an entity with eminent domain authority wishes to exercise this power, it will initiate formal legal proceedings referred to as condemnation. As a private property owner, receiving a condemnation letter can be a disorienting and confusing experience, and you may assume that you have no choice but to accept the proposed amount of compensation and hand over your property to the condemning authority. However, it’s essential that you recognize your legal rights and options during every stage of the condemnation process. Below are just a few of your options for pushing back against the condemnation proceedings to exercise your rights and advocate for an equitable outcome.
Challenging the Public Purpose of the Proposed Project
Since the condemning authority must be able to justify its reason for seizing your private property (i.e., presenting clear evidence that this action is for public use), you have the right to challenge this justification or explanation. If you have any reason to believe that the proposed project does not fulfill the public use requirement, discuss your concerns with a highly skilled and experienced Alabama condemnation attorney to determine the most appropriate course of action.
Negotiating a Fairer Amount of Compensation
When an entity is invoking its eminent domain power, it is legally obligated to provide you with “just compensation” in exchange for your private property. Unfortunately, the term “just compensation” can be frustratingly vague and open to interpretation. Many condemning authorities work with appraisers with whom they have longstanding relationships, which often means that the initial compensation offer you receive will not reflect the property’s accurate value. Instead of assuming that you have no choice but to accept this offer, it’s worth discussing the offer with a dedicated and caring Alabama condemnation lawyer to determine how to respond to the condemnation letter as strategically as possible. For instance, you may hire an independent appraiser who can provide you with a more accurate estimate of your property’s value and use this information to negotiate a more fair and reasonable offer. Once you learn your property may be affected, you should start engines with your condemnation lawyer. That way you will already know the amount you are entitled to before you receive the offer letter. It takes time for your condemnation legal team to put your case together. So, reaching out before you receive an offer letter is the best practice.
Learn More About Eminent Domain in Alabama Today
Given the complexities of eminent domain laws and the potential for being cheated, hiring an experienced attorney is essential for property owners to protect their rights and navigate the legal process effectively. If you are ready to protect your legal rights and safeguard your best interests, consider reaching out to a knowledgeable Alabama condemnation attorney today to get started.
If you have questions about eminent domain and the condemnation process, the dedicated team of experienced and trusted attorneys at Sewell Sewell Beard LLC is ready to provide you with comprehensive legal guidance and support. We’ve been doing this for 40 years! Please call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 today to get started with a knowledgeable and caring condemnation lawyer.
