Property ownership is an achievement, especially for first-time homeowners. When you move into your first home, it’s natural to feel a sense of pride and accomplishment. States like Alabama and Texas have some of the strongest legal protections in the country for private property owners. However, there are certain limitations to a property owner’s rights—both the federal and state constitutions recognize a governmental entity’s eminent domain authority. Essentially, eminent domain power allows qualifying entities to seize private property for projects that aim to benefit the public in some way. For instance, the Alabama Department of Transportation (ALDOT) may need to seize private property in order to construct a new highway that will ease traffic congestion and reduce commute time (which is ultimately in the best interest of the public). However, the entity that is exercising these eminent domain powers must provide the affected landowners with “just” compensation in exchange for taking their property. When an entity invokes its eminent domain power, a legal process called condemnation begins.
As a property owner facing an issue involving the government taking private property for public use, it’s highly beneficial to enlist the guidance and assistance of an experienced and knowledgeable Alabama condemnation attorney who can help you understand your legal rights and advocate for your best interests at every turn. Let’s take a closer look at how eminent domain and condemnation matters typically unfold in Alabama and the steps you can take to maximize your chances of securing a fair and favorable outcome.
Eminent Domain Taking Procedures in Alabama
First, it’s helpful to understand why the government and other qualifying entities have the right to take privately owned land from Alabama landowners. The Fifth Amendment recognizes that “eminent domain, by definition, is the power of the state to take private property for public use.” However, the entity wishing to exercise its eminent domain power must provide the landowner with “just compensation” in exchange for taking the property. Moreover, the justification for the proposed project must qualify as “public use” in order for the taking to be lawful. Once the qualifying entity invokes its eminent domain power, it must initiate condemnation proceedings against the affected landowners in order to obtain title to the property being condemned, at which time the landowners will be compensated for the taking. Unfortunately, many private property owners are uncertain about their legal rights and options in condemnation matters, especially when it comes to negotiating a just amount of compensation. The condemnation process typically begins with notice that some or all of your property will be affected. This notice will be followed by an offer from the condemning authority notifying you of the amount the condemning authority intends to pay you as just compensation for the taking. Often, these notices are strategically worded in such a way that it appears as though the recipient has no choice but to accept the compensation offer (which is almost always a lowball, undervalued offer). As a property owner in Alabama who may be facing an issue involving taking private property for public use, it’s essential to reach out to a skilled and caring condemnation lawyer who can help you understand your legal rights and advocate for your best interests as soon as you learn that your property may be affected.
Understanding Eminent Domain Valuation in Alabama
When a government entity is interested in taking property by eminent domain for public use, it must provide a compensation offer that is “just” and fair. However, this term can be frustratingly vague, which often leads to a lowball initial offer. It’s important to recognize that the condemning authority usually wants to compensate the private landowners as little as possible to protect its bottom line. To that end, the entity will often rely on an appraiser with whom it has an established relationship. In other words, the “independent appraiser” will likely be a professional who will arrive at an amount that serves the condemning authority’s best interests (and not that of the affected property owner). As soon as you learn that your property may be affected, it’s critical that you understand that you have the right to obtain your own appraisal and to review the offer with your attorney before responding in any way. Your seasoned and highly qualified condemnation attorney will assess the details of your situation and determine whether to enlist another appraiser who can provide a more accurate valuation. Together, you can push back against the initial offer and negotiate a more fair and favorable amount of compensation for the seizing of your property.
Property Taken by Eminent Domain in Alabama
It’s helpful to recognize that the condemnation process may involve a direct taking or an indirect taking. A direct taking means that the condemning authority physically acquires private property, such as land, buildings, and site improvements (i.e., parking lots, landscaped areas, etc.). As you negotiate a just amount of compensation, you and your eminent domain lawyer can include the loss of these improvements to ensure that you receive an appropriate settlement. Indirect takings, in contrast, apply to instances where the condemning authority’s taking of physical property affects the value of the remaining land after the taking. For instance, if the condemning authority takes 70 percent of your land, this action often affects the use and value of the remaining 30 percent of the property. These impacts must be accounted for when determining a fair and just amount of compensation.
How a Dedicated Alabama Condemnation Law Firm Can Help
As Alabama’s go-to eminent domain and condemnation law firm, Sewell Sewell Beard LLC is committed to helping clients understand their legal rights and options in the face of these daunting legal challenges. If you hear of a possible construction project that could affect your property, reach out to our office as soon as possible to ensure that your rights and best interests remain protected at every stage of the process. You can rely on us to remain by your side throughout the entire condemnation process, making sure to answer your questions and address your concerns as they arise. Now is not the time to leave your future up to chance—get started with a highly trusted and experienced condemnation attorney today. Condemnation and eminent domain issues can be complex and daunting for Alabama property owners. That’s why the dedicated team of condemnation legal experts at Sewell Sewell Beard LLC is committed to advocating for your best interests at every opportunity. Please call 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 knowledgeable eminent domain attorney.
