Property owners in Alabama enjoy several legal rights and protections. However, there are circumstances in which a government entity may exercise its eminent domain authority to seize private property for public use. In exchange for the property, the entity must provide the owner “just” compensation. The process by which an authorized entity may exercise its eminent domain power to take private land is known as condemnation. If you have learned of an upcoming public construction project that may impact your land, or if you’ve received a condemnation letter informing you of the entity’s intent to compensate you in exchange for seizing your property, reach out to a trusted and knowledgeable Alabama condemnation attorney as soon as possible. Your lawyer will help you understand what to expect in the upcoming weeks and months, and they will work hard to protect your legal rights and best interests at every step of the condemnation process.
Understanding Eminent Domain Rights
Eminent domain refers to a local, state, or federal government’s power to seize private land and convert it to public use. As long as the seizing authority can show that the proposed project benefits the public in some way, it may proceed with the condemnation process. For instance, highway expansion projects, installing a new public transit route, or constructing a new bridge may be acceptable cases in which the government entity can exercise its eminent domain power. The Fifth Amendment to the U.S. Constitution and most state Constitutions bestow eminent domain authority to qualifying governmental bodies, but require those governmental bodies to pay the owner just compensation in exchange for the property taken. The U.S. Supreme Court and every state Supreme Court have decided major cases upholding eminent domain laws, while at the same time balancing the landowners’ rights to just compensation and fair treatment.
Defining “Public Use”
In order for a governmental authority to exercise its eminent domain power, it must demonstrate that the taking of private land is justified, as the proposed project will benefit the public in some way. For instance, state or federal transportation entities may use their eminent domain authority to construct a new freeway that will ease traffic and facilitate smoother travel in the area. Other entities, such as utility companies, may exercise eminent domain to expand a gas pipeline or bring utilities to more households. In a somewhat surprising 2005 decision, the U.S. Supreme Court clarified that eminent domain could be used by a for-profit real estate development that would support a city’s broader economic development plans. The term “public use” remains relatively vague, making eminent domain matters complicated and confusing at times. Enlisting the guidance of an experienced eminent domain and condemnation attorney is the best way to ensure you understand and exercise your legal rights during this process.
How Condemnation Works in Alabama
An entity wishing to exercise its eminent domain power must follow a specific process to take land from private owners. First, the planners must determine the properties (or the portions of certain properties) that will be impacted by the proposed development or construction project. They usually use their own appraisers to arrive at an appropriate valuation for the land to be taken. The authority will then notify the property owner by sending a letter that includes the amount of compensation they are offering in exchange for the land. Unfortunately, many Alabama property owners do not recognize that they have the right to challenge or dispute this proposed amount. They often assume that they have no choice but to accept the offer and hand the land over to the condemning entity. That is a mistake that often results in the loss of significant additional compensation to which the owner is entitled.
How Property Owners Can Navigate the Condemnation Process
As a property owner facing the possibility of losing your land in an upcoming eminent domain matter, your first step should be to contact a skilled condemnation lawyer to discuss your situation. Your attorney will assess the details of this matter and help you understand your legal options. In order for the condemning entity to initiate condemnation proceedings in probate court, it must have taken the following actions: (1) have the property appraised to determine the amount of compensation; (2) written offer to purchase the land at the total appraised value; and (3) provide the owner with a written statement and summary showing the basis for the amount established as the just compensation for the property. Condemning entities must also demonstrate that they have not taken any additional actions that may be perceived as coercive. Threatening, harassing, or attempting to intimidate the property owner into accepting the offer may result in the dismissal of the condemnation action.
Protecting Your Best Interests at Every Turn
Alabama has some of the most robust protections in place to defend landowners from entities attempting to abuse their eminent domain power. Before you assume that the condemnation letter is the final word and accept the compensation offer, discuss your options with your attorney. Together, you can either take legal action to question the condemning entity’s use of eminent domain authority or work with independent appraisers to determine a more comprehensive and favorable valuation of your property. Your attorney will answer your questions, address your concerns, and help you move forward with greater clarity and confidence.
If you are facing an upcoming eminent domain or condemnation matter, call Sewell Sewell Beard LLC at our Alabama office (205) 544-2350 or our Texas office (972) 777-5390 to speak with a trusted and dedicated condemnation attorney.
