Alabama property owners enjoy many legal rights. However, there are specific circumstances in which a governmental agency may announce their intention of seizing your land for a project that benefits the public in some way. The Fifth Amendment of the United States Constitution, as well as the Alabama Constitution, give certain agencies or entities the power of eminent domain, allowing them to seize private property in exchange for payment to you of compensation. The legal process of enforcing this right is known as condemnation. If you have received a letter informing you of an entity’s intention to seize your property in exchange for compensation, it’s natural to feel overwhelmed, confused, or even angry. Few property owners understand their legal rights in such matters, so it’s essential to contact an experienced condemnation attorney right away to discuss your options. Below are just a few of the steps you can take when facing a condemnation notice in Alabama.
Understanding the Condemnation Process in Alabama
Many property owners in Alabama do not know what condemnation is when they receive a notice. It’s important to recognize that federal, state, and local governments have the Constitutional authority to exercise their eminent domain power, enabling them to take private property in exchange for “just compensation.” These entities must demonstrate that the reason for exercising their eminent domain power is to benefit the public in some way. For example, the Department of Transportation may use its eminent domain authority to acquire property as it expands or creates a highway. Once an entity moves forward with its proposed project, it must issue condemnation letters to property owners who will be affected by this project. This letter notifies the property owner of the entity’s intention to exercise its eminent domain authority and includes a settlement offer. Unfortunately, many property owners do not recognize that they have options to push for a more equitable settlement offer or contest the legality of the entity’s proposed project. As soon as you learn of an upcoming construction project that could affect your property, you should consider contacting a knowledgeable attorney to discuss your options.
Seek Legal Guidance Right Away
As soon as you receive a condemnation notice, contact a seasoned attorney who can assess your situation and help you determine the most strategic path forward. Condemnation letters often make it sound as if the matter is final and the landowner has no choice but to accept the offer and vacate the property. However, Alabama property owners still have several options to explore when they receive this letter. Working with an experienced condemnation lawyer will give you the information and insight you need to make decisions with greater certainty and confidence. Below are just a few of the actions you may decide to take when facing an eminent domain matter.
Pursuing an Independent Appraisal and Evaluation
When a condemning authority decides to exercise its eminent domain power, it must provide you with “just compensation” in exchange for seizing your land. These agencies and entities must access your property to have it assessed, evaluated, and appraised to determine the amount of compensation they will include in their condemnation letter. Unfortunately, many condemning entities will make a lowball offer that undervalues your property’s true worth. You and your attorney can pursue an independent appraisal of your property that more accurately reflects the current and future market value of your land. You can use this information to push for a more equitable amount of compensation in exchange for your property.
Taking the Matter to Litigation
Although most condemnation matters achieve a resolution through negotiation, there are circumstances in which the issue must be resolved in court. For instance, if the condemning authority cannot take ownership of the land because the owner refuses to vacate the property, it may file a court petition to take possession and ownership of the property. Depending on the specifics of your case, you and your attorney may contest the legality of the proposed project—perhaps it does not fulfill the legal definition of “public use.” Should your condemnation matter proceed to litigation, you can trust that your attorney will advocate for your best interests and strive for the fairest and most favorable outcome.
Defending the Rights of Alabama Landowners
Condemnation matters tend to be complex and intimidating for property owners. However, it’s essential to recognize that you do not have to go through this stressful process alone. Your attorney will remain at your side at every step of the process to answer your questions, address your concerns, and help you achieve the best possible outcome. It’s time you received the trusted legal guidance you need—reach out to a dedicated and experienced Alabama condemnation lawyer today to learn more.
If you need help navigating an eminent domain or condemnation matter, Sewell Sewell Beard LLC is here to help. Call our Alabama office at (205) 544-2350 or our Texas office at (972) 777-5390 to get started with an experienced and knowledgeable attorney.
