When a local, state, or federal government steps in to seize private property from the owner, this is known as condemnation. Both the U.S. Constitution and most state constitutions require the government to offer “just compensation” to the owner, but this term is fairly vague. The power of the government to seize property is called eminent domain, which allows the government to take private property for public use. Many homeowners are caught unaware when they are notified that their property is about to be seized, and they need to understand their rights and legal options. At Sewell Sewell Beard LLC, we have decades of experience with the condemnation process, and we are committed to answering your questions and helping you achieve a favorable outcome. Reach out today to learn more.
Under state and federal law, a government can exercise eminent domain only when the property in question will be converted and made available for “public use.” Common projects include the construction of new highways, roadways, state parks, and certain private developments, such as retail centers, that are intended to benefit the community. The term “public use” remains up to interpretation in many ways—as long as the developer can show that the new project will benefit the public in some way, their power to seize private property may exist.
Once the government decides to seize property from its owner, it must determine the value of each property so that it can compensate the owners. As you might guess, these appraisals are often significantly under market value, and it’s within your rights as a property owner to reject their lowball offer. In response, the government will likely file a Complaint for Condemnation, where a probate judge will determine whether the government does in fact have the authority to seize your property, and if so, what amount of compensation you are due. If you still reject the amount of compensation offered to you, you can appeal your case to a trial court, where a team of jurors—instead of one judge—will decide the amount of just compensation you should receive.
At Sewell Sewell Beard LLC, we are dedicated to helping our clients understand their legal options. If you are struggling with an issue of condemnation or eminent domain in Alabama or Texas, we are here to help you receive a fair and correctly performed appraisal of your property so that you can obtain the full compensation you deserve. As trustworthy Alabama and Texas condemnation attorneys, we will stay by your side throughout the entire condemnation process, making sure to address your questions and concerns every step of the way as we fight hard to secure you a favorable outcome.
Condemnation refers to the legal process by which a government entity can exercise its eminent domain authority to seize private property for public use. Condemnation proceedings follow a series of distinct steps, from providing the landowner with written notice of the eminent domain action to negotiating compensation for the taking of the privately owned property.
The party wishing to invoke its eminent domain power initiates the condemnation process. For instance, the Department of Transportation can initiate condemnation proceedings against a private property owner in order to take the land and use it to construct a new highway (which meets the public use requirement). Condemnation proceedings usually begin after negotiations with the property owner have failed.
In order for a government entity to exercise its eminent domain power, the proposed project must benefit the public in some way. Common examples of projects that can fulfill the public use requirement include the construction of new roadways, public transit lines, state parks, public schools and libraries, and other proposals that will benefit the community.
Yes, private property owners have many rights during the condemnation process. Most condemning authorities will provide an initial offer that does not take into account the full value of your property. It’s essential to recognize that you have the right to negotiate a fairer and more just amount of compensation in exchange for your land. If these negotiations are not successful, the matter can move to court, where you will have the chance to present your arguments to a jury.
If the matter moves to probate court and you are not satisfied with the judge’s determination, you can still appeal your case to a trial court. This allows you to make your case before a jury, who will then decide the amount of compensation you should receive. Whether you have just received a condemnation letter or you are preparing to appear in probate court, partnering with a highly experienced and caring condemnation attorney will give you the confidence and firepower you need as you move forward.
Commercial real estate refers to property that the buyer intends to use for commercial purposes. For instance, the commercial property owner may use the real estate for retail businesses, industrial purposes, office space, or agricultural endeavors. It’s worth noting that since the purpose of these properties is for commercial use, the land needs to be zoned to accommodate commercial uses.
The purchase and sale agreement is a legally binding contract that guides the commercial real estate transaction. These documents are often customized to address the specific considerations of the transaction, but they generally include a few key elements: The purchase price, the scope and timeline of the due diligence period, the payment terms, the conditions that govern how and when the parties may exit the contract, warranties provided by the seller regarding the property, and the handling of closing costs.
Due diligence refers to the period during a commercial real estate transaction where the buyer has the opportunity to fully examine the property’s physical, legal, financial, and environmental status to ensure that the property remains a sound investment. The due diligence period usually lasts between 30 and 90 days, beginning from the signing of the purchase agreement. If you have questions about what to look for during the due diligence period, give us a call to learn more.
In most cases, both the buyer and seller cover a portion of the closing costs. The buyer usually covers closing costs associated with due diligence fees, financing costs, title insurance, and recording fees. The seller’s closing costs often include brokerage commissions, transfer taxes, and any costs associated with clearing the title (i.e., clearing existing liens, paying off mortgages, or handling retroactive property taxes).
Although you are not legally required to hire a commercial real estate lawyer to buy or sell property, doing so is highly recommended. Commercial real estate transactions usually involve significant investments and a fair amount of risk, so many people feel more confident with an experienced legal advocate by their side. At Sewell Sewell Beard LLC, our team of skilled and knowledgeable commercial real estate attorneys is ready to provide you with the exceptional guidance you need to make informed decisions while eliminating mistakes and risks.
Contact us today if you have a potential Condemnation case.
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