Protecting Your Rights in a "Taking" by the Government
When a utility decides to lay a pipeline across the middle of your property, or the county needs some of your land to widen a road, you have the Constitutional right of due process. That means that the government has a duty to notify you of condemnation, and you have a right to request a hearing to obtain just compensation.
Because these proceedings are often complex, we advise you to retain an experienced eminent domain attorney to protect your rights, and make sure you receive fair market value for your property. You are under no obligation to accept an unfair offer, and you have additional eminent domain rights.
The lawyers at Fair Compensation know eminent domain well, in addition to real estate and condemnation law. We would be happy to perform a free eminent domain audit and advise you of your rights under the Fifth Amendment. Call our Superior, Milwaukee or Madison, Wisconsin, law offices at 866-550-7311.
Issues Involved in a Taking
The government or private utility company can only take private property for the public good. If your property is condemned, you as a landowner are entitled to fair compensation for the loss of all or part of your land. The condemnor can only take what is needed to widen the road or expand the pipeline.
If, for example, the condemnor decides to run the pipeline through the middle of your property, we can raise issues about the appropriateness of that action. We may argue that the pipeline should run along the border of your property, so that you have access to the land above the pipeline. That way future use is ensured.
In What Condition Will Your Property Be Left?
We can help you challenge the condition the property will be left in after the taking. If a pipeline is built, will the rocks be removed and the holes filled in? How many trees absolutely have to be removed, and will they be replaced?
If we don't feel that the current plan is in your best interest, we can help you challenge the taking. The law requires that we first try all administrative remedies before filing a lawsuit. Lawsuits in eminent domain cases are complex, involving Constitutional law, administrative law, real estate law, and property valuations.
Looking Out for Your Best Interests
Our attorneys also keep an eye on due process deadlines, so that you don't miss the opportunity to challenge property valuation in eminent domain. The Fair Compensation law firm looks out for your interests, and strives to anticipate problems before they arise.
Contact us via e-mail for a consultation with a skilled eminent domain lawyer.
