Eminent domain refers to a government entity’s right to seize private property and convert it for public use. The process of notifying the property owner and offering “just compensation” in exchange for the property is called condemnation. There are several projects in the works in Tuscaloosa County that will inevitably trigger eminent domain issues for property owners in the area. Here are some things Alabama property owners need to know about the condemnation process and their rights throughout the process.
The McFarland Boulevard (US-82) Project
The Alabama Department of Transportation announced a substantial project that aims to reduce congestion and improve traffic flow along McFarland Boulevard. Travel lanes and turn lanes will be added in each direction, requiring the condemnation of property located in the surrounding areas. Construction is expected to begin in late 2021 and will last approximately two to three years.
When Right of Way Agents Arrive
If your property is affected by a government-affiliated project, you can expect a right of way agent to arrive at your door. While this person may seem friendly and insist that they are “on your side,” be aware that their mission is to survey your land and report back to the acquiring entity so that they can come up with a compensation offer. Right of way agents typically represent the government’s interests, and they will collect information that may be used to issue you a lowball offer. If a right of way agent arrives on your doorstep, be courteous but aware of their role and consider contacting a condemnation lawyer to discuss the best course of action.
Know and Exercise Your Rights
Most Alabama property owners do not understand their rights when faced with an eminent domain issue. The seizing entity and right of way agent often try to exploit the property owner’s lack of understanding, offering them a compensation offer that hardly constitutes the “just compensation” required by state and federal law. Instead of blindly accepting this initial offer and moving on with your life, remember that you have the right to push back, reject their offer, and negotiate. They may tell you that there’s no need for you to consult a lawyer, as they will make sure they give you the compensation you deserve. Don’t fall for these claims—enlist the guidance of an experienced condemnation attorney right away to obtain the best possible outcome.
If you are facing an eminent domain or condemnation matter in Alabama, contact Sewell Sewell Beard LLC today at (205) 544-2350 to speak to an experienced condemnation attorney.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services to be performed by other lawyers.
