Protecting Landowners' Rights in Eminent Domain and Property Condemnation
Through the right of eminent domain, local, state and federal governments have the authority to obtain private property for public use. Even though property owners cannot stop the condemnation process, they do have landowner rights that must be protected.
God doesn't make real estate like He used to. Each parcel and each taking is unique.
The eminent domain attorneys of Fair Compensation are dedicated to helping individuals and businesses whose property is being seized through the condemnation process. For a confidential consultation, contact an experienced regulatory taking attorney at Fair Compensation.
Eminent Domain Issues
To learn more about the issues involved in eminent domain, and see FAQs, please review the following pages:
- Can the Government Take My Property? Government organizations can take private property for roads, utilities, railroads and other projects that are in the public interest.
- Is There More to Eminent Domain than Property Damage? Our attorneys look at how much of your property the governmental body can legally take in order to lay the pipeline or expand the highway.
- The Condemnation Process: Proper procedures must be followed by both the government and the property owner.
- Property Owner Rights: The rights of property owners are embedded in the Constitution, but are often overlooked by both those seeking title to the property and the property owners themselves.
- How is Fair Value Determined? Property owners are entitled to get their own expert to assess the fair market value of their property and the loss of value caused by a taking.
- What Does "Highest and Best Use" Mean? The highest and best use of a property is the one that will generate the most profit. Property owners have a right to be compensated at this rate, even if the property isn't presently being used in that manner.
Regulatory Taking
- Scope of Taking: The government cannot take more private property than it actually needs to accomplish its purpose.
- Taking: Pursuing a Challenge Action: In order to pursue a challenge action, a property owner must pursue all administrative remedies before suing the governmental body responsible for the taking.
- Regulatory Taking & Relocation Benefits: If your entire property is taken, you are entitled to compensation for the costs of relocating.
- Inverse Condemnation & Regulatory Takings: Over-zealous regulations can amount to the unlawful seizure of private property.
- Land Use and Zoning: Local governments can limit certain activities, but cannot be unreasonable or arbitrary in their zoning regulations. If they are, our attorneys are available to step in and help.
- Do I Need an Attorney? A lawyer who is experienced in eminent domain issues can guide you through the process, protect your rights and work to maximize the amount of compensation you receive.
Located in Wisconsin, our lawyers represent clients throughout the Midwest and across the nation. Please contact us for a free eminent domain audit.
