Property owners in Alabama enjoy several rights, as they can make decisions about their land based on their best interests and visions for the future. However, there are circumstances in which a qualified government entity can invoke a constitutional right known as eminent domain to seize private property in order to complete a project that will benefit the public in some way. For instance, if a new state highway needs to be built in order to alleviate traffic congestion in a community, the Department of Transportation may exercise its eminent domain power to convert privately owned properties into highway infrastructure. Under eminent domain law, the condemning authority must provide “just” compensation to the affected landowners in exchange for the taking of their properties. The term “eminent domain” refers to the entity’s constitutional right to take private property for public use, while the term “condemnation” refers to the legal process that governs eminent domain matters. When a local government wishes to invoke its eminent domain power, it will initiate condemnation proceedings against the affected property owners. In this post, we will explore how inverse condemnation cases typically proceed in Alabama and how enlisting the guidance of a knowledgeable and experienced condemnation attorney is the best way for landowners to understand their legal rights and options when facing these matters.
What is Inverse Condemnation?
First, it’s important to define the term “inverse condemnation” for property owners in Alabama. The Alabama Supreme Court has explored aspects of an inverse condemnation definition, clarifying that a property owner has the right to seek and recover compensation when a government entity takes their land and fails to initiate condemnation proceedings. In typical Alabama eminent domain cases, the condemning authority (i.e., the government entity) must adhere to several rules and procedures to notify the property owner of its intent to seize their property, offer the owner “just” compensation, and initiate condemnation proceedings in the nearest probate court. When the condemning authority deviates from these procedures, such as failing to compensate the property owner or taking too long to initiate the condemnation process, the property owner can file a civil action against government officials in the form of an inverse condemnation lawsuit.
Types of Inverse Condemnation Cases in Alabama
There are several events that may give rise to a property owner filing an inverse condemnation claim in Alabama. Generally speaking, whenever a government entity passes a new regulation or takes some other action that devalues the property of a private landowner without providing just compensation for the economic impact of the action, the property owner may pursue an inverse condemnation lawsuit against the government entity. For example, a government entity may take actions that inadvertently cause contaminated water to enter a private landowner’s property, causing damage to the property or devaluing the worth of the property. Or, the government may take a portion of a landowner’s property to complete a project that benefits the public, but the surrounding land may become unusable, contaminated, or otherwise worthless as a result of this project. Ultimately, any action on the part of the condemning authority that negatively impacts the economic value of a private property may constitute grounds for filing an inverse condemnation claim against the government entity.
How to File an Inverse Condemnation Complaint in Alabama
As soon as you hear of a proposed construction or improvement project that will affect your community, it’s worth contacting a skilled and experienced eminent domain attorney who can assess the details of the matter and help you understand your legal rights and options. Depending on the circumstances of your situation, you may be able to file an inverse condemnation claim to show that the government entity’s actions led to the devaluation of your property. Although legal representation is not required for private landowners to navigate an inverse condemnation case, hiring a knowledgeable and caring condemnation lawyer is highly recommended so that you can make more informed decisions with greater certainty and confidence. Moreover, your experienced attorney can advocate for your best interests at every opportunity and maximize your chances of securing the compensation you deserve.
Navigating the Complexities of Inverse Condemnation Cases
It’s important to recognize that there are several challenges that property owners must overcome in order to win an inverse condemnation claim in Alabama. For instance, as the party filing the lawsuit against the government entity, the property owner has a high burden of proof—meaning that they must provide clear and compelling evidence of the government entity’s taking of their property or causing property devaluation. When you work with a trusted and highly qualified Alabama condemnation attorney, you can implement effective strategies to overcome these challenges, like gathering convincing evidence, using expert testimony (such as a property valuation expert), and presenting a clear narrative that justifies your request for compensation. Since most government entities have access to a team of aggressive attorneys to protect their best interests, you and your lawyer may need to spend some time developing the most robust legal approach to improve your chances of success.
Learn More About Inverse Condemnation in Real Estate
As a private property owner in Alabama, you enjoy several legal rights and protections. However, when a government entity fails to provide you the just compensation you deserve for ceding your property to it or coping with significant property devaluation because of their actions, consider discussing your legal options with a highly skilled and empathetic Alabama condemnation lawyer. Together, you and your attorney can review every detail of your case and identify the most strategic path forward that’s designed to secure you the compensation you are owed.
If you are struggling with a condemnation or eminent domain matter, you deserve high-quality, client-centered legal advocacy during this challenging and complicated time. At Sewell Sewell Beard, LLC, we believe in providing you with personalized and effective legal strategies to help you achieve your desired outcome. Please contact our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 today to get started with a trusted and caring condemnation attorney.
