What Are My Rights as a Property Owner?
The right to own and control one's property is central to the American way of life. It dates to the colonial era, when American property owners had no rights at all.
A Quick History of Property Owners' Rights
Prior to the Revolutionary War, colonists did not own or control their land or improved property. The king of England held title to all property in the crown colonies. Colonists had no recourse if King George decided to quarter his troops or stable his horses in their homes. Because of this experience, the founding fathers were vehement about protecting property owners' rights.
The owner is to be put in as good a position as he would have been if his property had not been taken.
A Constitutional Right
The Fifth Amendment of the Constitution gives property owners two invaluable rights in exchange for the loss of private property through eminent domain. These are:
- Due process: Property owners have the right to clear and timely notice of condemnation. If the issue isn't resolved in the hearing, the case can be appealed and, in some states, decided by a jury.
- Just compensation: It's not just some compensation. It must be the perfect equivalent in money of the value of the property taken. The property owner must be put in as good a position as he or she would have been in had the property not been taken.
Defending the Rights of Property Owners
If you have received a notice that your property is being condemned by a public utility, pipeline company, railroad company or by the local, state or federal government, you have a right to obtain fair market value for your property. You do not have to accept whatever the other party offers you.
Please contact the attorneys of Fair Compensation for a free eminent domain audit. Our lawyers work to protect the rights of property owners and help them obtain full and fair compensation for condemned properties. From offices in Wisconsin, we represent clients throughout the Midwest and nationwide.
