If a federal, state, or local government entity needs to convert your land for public use, they can exercise their eminent domain right. The process of seizing your land in exchange for “just compensation” is called condemnation. Unfortunately, many Alabama property owners do not fully understand their rights or the condemning authority’s duties under the law, and they may accept the initial offer in order to move on quickly. Many government entities will attempt to exploit the property owner’s lack of understanding, offering compensation that severely undervalues the property’s actual worth, which is often significantly greater than it may appear in its present condition. Let’s take a look at when and why you should enlist the help of a condemnation lawyer.
The First Signs of Trouble
The condemnation process involves several steps, but it’s best to speak to an attorney is as soon as you suspect that an upcoming project may affect your land. For instance, a neighbor may tell you of an upcoming road-widening project in the area. You may also learn from a city council meeting that a large construction project is on the horizon. In general, the sooner you consult with a condemnation attorney, the more prepared you will be to negotiate a fair outcome.
Underhanded Tactics
While the seizing entities are bound by law to offer “just compensation” in exchange for land, this phrase often goes beyond what you believe your present property value to be leaving room for such agencies to issue lowball offers to property owners. The process often begins with a right of way agent showing up at your door with a clipboard and a friendly smile. You may view these agents as friendly, and they will try to reassure you that there’s no need to get an attorney involved. However, it’s important to understand that they are working on behalf of the seizing entity to survey your land and gather data in order to offer you what often constitutes a paltry amount of compensation. By discussing your situation with an attorney before a right of way agent even steps foot on your property, you can prepare yourself to navigate this inevitable interaction with confidence.
Securing a Fair Outcome
Government entities will always try to make you a lowball initial offer. Many property owners do not recognize that they have the right to reject this offer and demand a more equitable amount. What constitutes an equitable amount varies depending on factors specific to your property, the type of project being undertaken, and the ultimate impact of the project on the remaining land. Often a project will result in significant damage to the remaining land but the condemning authority will not include those damages in the initial offer. The goal of a condemnation attorney is to secure a fair value for the land being taken and to recover damages for the remaining land not being taken. Remember that the state does not make offers based on the property’s potential; rather, they create an offer based on the existing use of land. That is illegal. As soon as you catch wind of a potential condemnation issue, call Sewell Sewell Beard LLC to schedule a free consultation with a trusted attorney. Once we’ve connected, we’ll make it our mission to ensure that you obtain a fair and equitable outcome.
At the first sign of an eminent domain matter, reach out to Sewell Sewell Beard LLC at (205) 544-2350 to discuss your options with an experienced Alabama 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.
