Eminent Domain

As a matter of law our government, under certain circumstances, is permitted to take our private property from us, for certain public purposes.

However, the Constitution requires that the government pay just compensation.

There is sometimes a lot to argue about in an eminent domain situation.

First, is it a lawful taking? Does the governmental agency enjoy the power of eminent domain over the particular property in issue?

Is the reason for the taking a legitimate public purpose?

Is what the government is offering, just compensation? What have they offered? Is it fair? By whom was it appraised? Isn't that appraiser working for the governmental agency? Shouldn't your own appraiser offer his opinion?

Has the appraiser properly recognized the highest and best use to which the premises might be put? Has he/she taken into account the damage to the residue, i.e. the impact on the value of the property not taken?

An eminent domain action is the most drastic action which our government may take concerning property rights?

It would be a mistake not to seek the counsel of an attorney.