Acquiring land or property in Alabama is a notable accomplishment. As the proud owner of residential or commercial property, you enjoy several advantages and benefits. However, there are circumstances in which a government entity may invoke its eminent domain authority to seize your property for projects earmarked for public use. For instance, the state Department of Transportation may propose a highway improvement project that requires this entity to use your land to construct the new roadway. Both the federal and state constitutions endow certain entities and bureaus with eminent domain power, which grants them the option to take your land for such projects that benefit the community or public interest. However, the entity invoking eminent domain power must provide you with “just” compensation in exchange for taking your property.
When a local, state, or federal government entity wishes to use its eminent domain power, it will initiate a legal process known as condemnation. As soon as you learn of an upcoming project that could impact your property, contact a trusted and experienced Alabama condemnation lawyer to discuss your options. As you prepare to navigate the upcoming legal process, your attorney will help you avoid costly and potentially devastating mistakes. Instead, working with an attorney is the best way to ensure that you obtain the best possible outcome given the specific circumstances of the impending action.
Mistake #1: Not Understanding the Condemnation Process
Most landowners do not recognize that they have rights during the condemnation process. Eminent domain laws tend to be nuanced, complex, and highly dense for the average person to understand. Unfortunately, this lack of knowledge or familiarity with eminent domain law and condemnation proceedings often leaves property owners vulnerable to large entities seeking to seize their property for much less money than they are entitled to receive. When a department or entity initiates condemnation proceedings, it must provide affected landowners with a written notice informing them of the project and offering them compensation in exchange for their property. These letters often make it seem as if the landowner has no choice but to accept the offer—which almost always includes a lowball settlement amount—and go along with the proceedings. However, it’s essential to recognize that you have the right to involve an independent appraiser to determine your land’s total market value, considering a more comprehensive range of factors when calculating this amount. Do not succumb to the pressure of simply going along with what the letter tells you to do—contact a knowledgeable and experienced eminent domain attorney who can help you understand the full range of options available to you.
Mistake #2: Failing to Involve Professional Consultants
When the entity moves forward with the condemnation process, it will rely on a team of consultants to survey your land and appraise its value. Although these professionals should exercise impartial judgment when making calculations and performing evaluations, they often remain loyal to the condemning authority and look out for its best interests. It’s essential to understand that you have the right to work with your own team of professional consultants as well. Your attorney can help you build a team of professionals (i.e., appraisers, engineers, land planners, surveyors, business damage experts, and others) to provide you with results that you can compare to those made by the condemning authority. You can use the results and calculations your team provides to negotiate a more fair and favorable amount of money for your land.
Mistake #3: Not Understanding What Is Compensable
Eminent domain laws are notoriously difficult to navigate and understand for those who lack formal training in this field. These cases involve their own set of rules that determine what is (and what is not) compensable. For example, you may not recognize that the land being acquired must be valued at its highest and best use, not its current use. And you are entitled to be paid for any damages to your remaining land that is not being acquired. Those damages often present themselves as restricted or lost road access for the remaining land, drainage problems on the remaining land, etc. The best way to ensure that you understand and safeguard your legal rights and assets is to work with a dedicated and trusted Alabama eminent domain lawyer.
Mistake #4: Neglecting to Seek Non-Monetary Benefits
As a property owner impacted by an eminent domain matter, monetary compensation is just one benefit to pursue in exchange for your land. For instance, you may be able to negotiate your right to remain on the property for a specific period of time after the seizure is complete. Or, if only part of your land will be impacted by the proposed project, you may be able to get the condemning authority to agree to put in a curb cut to a roadway design that allows you to continue to access your home. Discuss your options with your attorney to determine the best path forward.
Mistake #5: Going Through the Process Without an Attorney
Although property owners are not required to retain legal counsel during the condemnation process, working with a seasoned attorney is highly recommended. The prospect of losing your property is stressful enough—why subject yourself to further confusion as you try to navigate the complexities of eminent domain matters? With a skilled attorney by your side, you can trust that this legal professional will advocate passionately for your best interests. They will assess every detail of your case and help you understand all of the options available to you. Your lawyer will answer your questions, address your concerns, and negotiate with the condemning authority to secure you a fair and favorable outcome. In some instances, you and your lawyer may be able to question whether the entity even has the legal authority to invoke eminent domain power; if this is the case, the court may dismiss the proposed project altogether. Whatever the specifics of your situation may be, reach out to a dedicated and caring attorney today to get started.
If you need help with a condemnation or eminent domain matter, the dedicated legal team at Sewell Sewell Beard LLC is here to assist you. We’ve been doing this for 38 years. Call our Alabama office at (205) 544-2350 or our Texas office at (972) 777-5390 to get started.
