Fighting Back against Eminent Domain Takings
The government or private utility may take private property to promote the greater good, that is, widening a road or expanding a pipeline. If the government has over-regulated the use of your land, you may be able to fight back by filing an inverse condemnation claim.
In most eminent domain cases, the government sues you to condemn your property. In the case of inverse condemnation, you sue the government to force the condemnation of the property, so you receive just compensation.
These claims are fairly complex, and require skilled counsel for the most positive outcome. You CAN take on city hall, with help from an attorney at Fair Compensation, an affiliation of three Wisconsin law firms in Superior, Madison and Milwaukee. We fight for the rights of landowners, and fight to win.
How to Challenge an Eminent Domain Taking
It may be necessary to file an inverse condemnation claim in the following circumstances:
- Illegal taking: The government has taken your property and failed to pay just compensation.
- Regulatory taking: The government has over-regulated the use of your property to the point where you are deprived of all or part of it.
- You are denied access to your property.
- The government refuses to give you your property back after a lease expires.
If the government has taken over your land through over-regulation, illegal taking or physical taking, you have the right to a fair offer for your loss.
In order to press a regulatory taking claim, you must be able to prove that the regulations the government have placed on your property make it nearly impossible for you to use or enjoy it. Regulatory taking often reduces the value of the property, hence the need for just compensation.
How We Can Help
The Fifth Amendment of the U.S. Constitution states , "No person . . . shall be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation."
We have dedicated our practices at Fair Compensation to pursuing justice for property owners just like you. We realize that pursuing justice through the courts can be costly, so we do what we can to help control expenses.
Our attorneys offer clients flexible payment plans. Whenever possible, we consolidate the claim of similarly affected landowners, so that costs for one case can be shared by many. Call us at 866-550-7311 to schedule a consultation with a skilled public land use lawyer, or contact us via e-mail.
