An Easement or Partial Taking vs. a Total Taking
Eminent domain gives utilities, railroads and governments the right to take private property for a public purpose. As long as property owners receive due process and fair compensation, the taking of their property cannot be stopped.
You May Be Able to Stop a Total Taking
Organizations that condemn property, called condemnors, should never take more than is absolutely necessary for their purposes. If the condemnor that is seeking to acquire title to your property could accomplish its purpose with an easement or partial taking, you may be able to stop the total taking of your property.
How do you know if a condemnor is taking more than is absolutely necessary? In many cases, you won't be able to tell. That is why it is important to have your situation reviewed by a lawyer experienced in eminent domain and the condemnation process.
Is the Condemnor Overreaching?
The team of attorneys at Fair Compensation can examine the documents and advise you whether the condemnor is overreaching its legal authority in your case and what you can do about it. Although the steps to resolving the problem vary from state to state and from one jurisdiction to another, we have represented clients throughout the U.S., and are available to assist you wherever you live.
It's not just about compensation for the part taken: It's about the damages suffered to the remaining parcel that must be recovered.
Multiple Takings of the Same Property
Our lawyers can also determine whether the condemnor is seeking to compensate you once for multiple takings of your land. A condemnor may pay you once for putting a gas line through your property, and then install a benzene line and a power line to be placed in the same corridor without further compensation. We advocate to see that our clients are compensated for a total taking of their property every time the land is subjected to another public use.
Don't Lose Your Right to Full Compensation
Property owners only have a short period of time, sometimes as little as 20 days, to exercise their rights or they may lose them forever. Don't take that risk. Contact the attorneys at Fair Compensation for legal advice you can rely on.
From offices in Wisconsin, our attorneys represent clients throughout the Midwest and nationwide. Please contact us for a free eminent domain audit.
