Eminent Domain and Condemnation
The eminent domain process is complex, and battling the local, state, and the federal government can be daunting. The government will have a team of attorneys promoting its rights. Property owners should have the same legal protection. MALAPIT & ROCHFORD helps to ensure that property owners understand the legal process and their rights under eminent domain law and that they must assert those rights to obtain fair compensation for their property. With experience, knowledge, and skills, our firm is able to challenge the government on behalf of property and business owners to seek maximum compensation for damages resulting from eminent domain taking.
TYPES OF CONDEMNATION/EMINENT DOMAIN CASES
Regardless of the type of property you own, Malapit & Rochford can represent you in a condemnation action and fight to get you the maximum value for your property. We have represented landowners in partial and total takings, including:
Residential property
Agricultural
Commercial
Industrial property condemnation
Special use property condemnation
Unfortunately, far too many landowners are poorly compensated for their property,despite the fact that our Constitution requires the government to pay just compensation. In our experience, when agencies take your property, they will take the most expedient, least expensive path to acquire a private citizen’s property.
You could be entitled to damages to the remainder of your property following a condemnation (severance damages), the fair market value of your property, any improvements to your property, including equipment or fixtures, relocation benefits, and damages associated with pre-condemnation. The attorneys at Malapit & Rochford represent those who need help with eminent domain or condemnation issues related to family homes, farms, apartment buildings, shopping centers, storage units, undeveloped land, convenience stores, and even leased property. Contact Malapit & Rochford to have an experienced eminent domain/condemnation attorney by your side.
THE EMINENT DOMAIN/CONDEMNATION PROCESS
Eminent Domain Project Design
As part of project approval, the government hires an engineering firm to create the design for the project. As the project takes shape, whether for a utility easement or a highway, engineers will identify real estate that will be affected. In some cases, an entire parcel of property will be required; in others, only part of the property will be taken. Typically, the landowner doesn’t have much say in whether all or only some of their property will be taken.
Eminent Domain Appraisal Process
Once the government identifies the real estate needed for a project, an appraiser is hired to determine the total just compensation for each property and provide the government with the necessary information to put together an offer. In some cases, the government may assign more than one appraiser to value a property. Often, the appraiser will not contact the property owner. Instead, they will do a “drive-by” to inspect the property and complete their report using public records. Because of this method, many property owners believe that the market value of their property is not fairly determined.
Eminent Domain Property Offer
If your land will be taken by the government, you will be contacted by a buying agent with a purchase offer, also referred to as a Uniform offer. The buying agent’s main job is to get you to accept the government’s offer for your land. A buying agent may put significant pressure on you to accept the offer and not allow you much time to consider the proposal. They are not able to provide you with legal advice regarding the condemnation proceeding. This is another reason for you to consult with an attorney familiar with eminent domain and condemnation proceedings. An attorney can advise you of your legal rights and options and help you negotiate with the buying agent. Short deadlines can cause issues for landowners, so it’s important for you to seek out legal advice as early as possible if you think your land may be subject to eminent domain.
Eminent Domain Disputes
If you do not accept the government’s offer to purchase your land, a condemnation complaint will be filed with the court. If you have not hired an attorney at this point, you should strongly consider doing so to ensure your rights are not violated. An attorney will help you obtain “just” compensation for your property and advocate on your behalf.
Time is of the essence in a condemnation proceeding. When the government exercises its right of eminent domain, its primary goal is to obtain private property for as little money as possible and as quickly as possible. If you fail to take appropriate action in a timely manner, the government may gain access to your property, and you may not receive as much money as you would have, had you been prepared.
The condemnation process can be very quick if you accept the government’s offer, or it can take several years. One of the most important issues to government and quasi-government agencies who are taking your land is how quickly they can take possession of the real estate that they need. The government can take possession of your land while the condemnation dispute makes its way through the courts. Because of this, they may drag their feet and delay the proceeding as much as possible after they have gained possession of the property. An experienced eminent domain attorney can help move your case toward a conclusion in your best interest.
When Should You Talk With an Eminent Domain Lawyer?
It’s never too early to contact an attorney to discuss your concerns. Landowners who think an eminent domain action may impact them can contact an attorney as soon as they learn of a project that could impact their land. Our eminent domain attorneys know the process and can explain it in detail to the individual landowner, along with providing an explanation of the legal rights and options that landowners have. A consultation can be provided before the attorney is retained to represent the landowner. In other words, you don’t have to wait until you receive an offer on your land to contact an attorney.
How an Eminent Domain Lawyer Helps
Hiring an attorney will relieve the pressure you may feel from the government or its buying agent pushing you to accept an offer for your property. Your attorney will work with and hire real estate appraisers and other experts to maximize your recovery and, if necessary, prepare for trial. Although compensation is usually the most important factor for a landowner, there may be other concerns that an attorney can assist with, including access issues, signage, relocation, and zoning.
Contact us at Malapit & Rochford to discuss your situation. We have extensive experience and knowledge of eminent domain law and issues. We have handled eminent domain cases throughout Indiana involving agricultural, residential, industrial, commercial, and special-use properties.