The Fifth Amendment of the United States Constitution gives federal, state, and local governments the authority to seize privately-owned property and convert it for public use. In exchange for acquiring the land, the entity must provide “just compensation” to the owner. The power to seize private property is called eminent domain, and the process of enforcing this legal right is referred to as condemnation. Unfortunately, many property owners in Alabama have little familiarity with the condemnation process. Receiving a condemnation offer letter can be an overwhelming and worrisome experience, especially if you do not understand your legal rights. As soon as a condemning entity notifies you of their intention to seize and compensate you for your property, contact an experienced Alabama condemnation attorney to discuss your options. Together, you can determine the most strategic path forward.
The Power of Eminent Domain
Federal, state, and local governments enjoy eminent domain authority, which simply means they have the legal right to condemn private property. Eminent domain authority extends to numerous governmental agencies, such as transportation bureaus. Additionally, certain private entities, like public utility companies and common carriers, may also have the power to initiate condemnation proceedings. The agency that has the power of eminent domain may be referred to as the “condemning authority.” These entities endowed with the power of eminent domain may only condemn private property to convert the land for public use. A public use is a use that benefits the public at large as opposed to a subset of the public or a single person or entity.
The Steps of a Condemnation Matter in Alabama
When a condemning authority determines that it must seize and convert private property, it must appraise the land and prepare a settlement offer to the owner in exchange for the property. Once the condemning authority has notified the owner of its intention to exercise its eminent domain authority, it will present a settlement offer in the form of a letter. However, property owners should know they have every right to reject that offer and demand a more equitable and favorable settlement. Here are just a few of the steps involved in a condemnation proceeding.
The Condemning Authority May Access Your Land for Surveys
Many property owners are surprised when a condemning authority sends contractors or employees to access their land. It can be disorienting to allow these agents to enter your property, but they do have the legal right to do so. Under Alabama law, a condemning authority “may enter upon real property for a reasonable time and make surveys, examinations, photographs, tests, soundings, borings, and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitable and within the power of the condemnor to take for public use.” However, there are limitations to these rights, as the surveys must be done during daylight hours and preceded by reasonable efforts to notify the owner of the time, purpose, and scope of the planned entry and activities. The purpose of pre-condemnation entry is for the condemning authority to determine whether to invoke its right to condemn the property.
Responding to the Condemning Authority’s Offer
Once the condemning authority makes you a settlement offer in exchange for seizing your land, you may feel obligated to accept it. These letters often make it seem as if the offer is final and that you have no option but to take the offer and move on. However, Alabama landowners have many rights in condemnation matters. In most cases, the letter includes a lowball offer that falls short of the total value of your property. You have the right to contest this offer and push for a more accurate and fair amount of compensation. If you accept the first offer, you likely are leaving a lot of money on the table.
Seeking Outside Appraisals and Evaluations
Condemning authorities aim to pay landowners as little as possible. Unfortunately, this means that the offer they make is usually based on an incomplete or improper appraisal and therefore fails to reflect the real amount of money the landowner is entitled to receive. Enlisting the guidance of a knowledgeable Alabama condemnation attorney is the best way to explore your options for obtaining a complete and proper appraisal that reflects the full amount of just compensation you are entitled to receive.
Facing Litigation, If Necessary
Many condemnation matters are through negotiation. However, when a condemning authority cannot get the property owner to part with the land voluntarily, it can file a court petition to take possession of the property. Should this matter proceed to litigation, it’s essential to work with a dedicated condemnation attorney to ensure you obtain the most fair and favorable outcome possible.
Helping Alabama Landowners Plan For the Future
Matters involving eminent domain and condemnation can be burdensome and stressful. However, property owners should know that they do not have to navigate this complicated process alone. If you need help with a condemnation matter in Alabama or Texas, reach out to an attorney as soon as possible to explore your available options. Together, you can work to secure the best possible outcome.
If you need help with a condemnation or eminent domain issue, the skilled legal team at Sewell Sewell Beard LLC is here to help. Call our Alabama office at (205) 544-2350 or our Texas office at (972) 777-5390 to learn more.
