Helping you understand the eminent domain process

| Aug 22, 2019 | eminent domain

When a property owner sells their property, they likely complete the transaction by listing their property for sale. However, this sale could also be the result of a government taking. Eminent domain is when the government takes land from property owners for the benefit of the public. When this taking occurs, the property owner is supposed to be compensated for the property; however, just compensation does not always occur.

Thus, it is vital to understand the eminent domain process, so the rights of property owners can be protected. At the Property Rights Law Firm, P.A., our experienced attorneys understand how daunting it can be to go up against the government in an eminent domain action; therefore, our law firm is prepared to help those in the Lake Mary area navigate these matters.

Understanding eminent domain means understanding the steps one can take to maximize the compensation they will be given for their property. This process is usually initiated when the government seeks to negotiate with a property owner, but a fair price cannot be agreed upon. If the property owner does not agree to the transaction, the government then files a court action, which allows them to exercise their power of eminent domain.

A taking hearing is scheduled, and, if the government is successful, then it has 20 days to place a good faith estimate of the property’s value. A trial is then held to establish full compensation and to assess if any other damages are recoverable. At this point, if either party is not satisfied, an appeal can be filed. When the process is complete, the taking authority assumes court costs and reasonable expenses incurred by the property owner.

To learn more, check out our law firm’s website. This process can be complex and confusing, making it imperative that property owners going through this process understand how to navigate the eminent domain process. This could help a property owner maintain ownership of their property or obtain an optimal award of compensation.