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We understand how frustrating and scary it is to receive notification that the government is taking your property. You might feel like your entire life is crashing down around you.

Our team at Eminent Advocate is dedicated to getting you the compensation and the time you need to put your life back on track.

You will not have to worry about paying expensive lawyer fees, our team only gets paid if we get you more money above the government’s initial offer.

The Eminent Domain Process

1. You Receive Notice That The Government is Taking Your Property.

First, you will receive notice that the local city, state, or county government plans to take your property. This can be the full property, part of the property, or even just an easement on the property. Often, this letter will have an offer amount the government is going to pay you for the property.

2. You Notify the Government That You Are Disputing Their Offer.

Once you receive the initial notice that the government is taking your property, you only have a limited amount of time to file a dispute before you are stuck accepting the initial offer. This is why it is critical to call an eminent domain lawyer as soon as you receive the notice from the government that they are taking your property.

3. A Lawsuit is Filed Against You By the Government to Determine the Property Value.

Shortly after you notify the government that you are not going to accept their initial offer, a condemnation suit is filed against you. Your lawyer will represent you and answer the lawsuit to notify the court that you are disputing the amount of compensation as a violation of your constitutional rights. In many cases, you can go ahead and receive the amount of the government's initial offer without giving up your right to collect more money later.

4. Appraisals and Settlement Discussions Occur with the Government Lawyers.

Your lawyer will arrange for well respected property appraisers to evaluate and value your property. These evaluations will be critical evidence if the case is going to be decided in court. Once the appraisals are complete, the lawyers often engage in settlement discussions more in line with the true value of the property.

5. The case settles for a more fair evaluation or the value is determined in Court.

If a settlement for the fair value cannot be reached, the case is set for trial where a judge or jury will determine the true value of the property. In most cases, the government knows that they will likely not fair well in court, so many offer more fair settlements at this stage. An experienced and skilled lawyer is your strongest asset when seeking complete compensation.

FAQ

Yes. The Constitution allows the government to take property when it plans to use it for a public benefit.  This could be a road, a public park, or even housing.  The Supreme Court has determined that the government has the power and ability to take your property as long as they provide you with just compensation.

In most cases, no.  When the government decides that they are taking your property, there are very limited circumstances where the taking is illegal or unconstitutional.  In most cases, we will fight for you to get full and fair compensation for the property to protect your equity and to get you the funds you need to relocate to your new home.

The good news is that our firm does all eminent domain cases on a contingency fee basis.  That means that we take a percentage of the settlement.  Since the case will be in litigation, we charge 40% of any amount that we recover for you above the government’s initial offer.

Yes! We did not do anything to earn the initial settlement offer from the government to take your property, so we do not take any percentage of that amount.  Our percentage is on any amount that we recover above the government’s initial offer.  In most cases, we can go ahead and collect that initial offer amount now, while the litigation continues.

In most cases, losses that you suffer in your business as a result of the government’s taking of your property are recoverable.  Further, the government is required to pay you for any building or government development on the property.

If the government is only taking part of your property, or if the government plans to run something through your property like a utility, you are entitled to compensation for the partial loss of the property.  A partial taking requires a full appraisal to determine the loss of value to the property.

Unfortunately, courts move slowly, so the litigation can take years to completely resolve.  Most clients, however, appreciate this delay because it provides them with ample time to find a new home and get settled in before the condemnation occurs.

Ultimately, the decision to hire a lawyer is entirely up to you, but in our experience, the only way to receive full value for the eminent domain taking is to hire a lawyer.  At our firm, we only collect a percentage fee on any amount above the government’s initial offer, so really there is no risk to you in getting a free consultation.

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Thank You for Contacting Us.

A member of our team will reach out to you, generally within 24 hours, to further discuss your case.  We look forward to showing you why our customer service is unmatched.