Owning property is a dream every person has in life. This is because renting or leasing is not only costly, but also inconveniencing. In other cases, you might be in the real estate market for money and in markets such as New Jersey where the market is picking; this is definitely a good idea. As such, the mention of condemnation eminent domain can be a heartbreaking moment especially if you own prime property.
As a property owner, you probably do not know that the Fifth Amendment gives the government powers to take your property for public use. This power as granted in the constitution is called Effective Domain. The question that jumps to your mind immediately is; what happens to your investment?
The Eminent Domain Act of 1971 expressly provides for these powers but also for just compensation for you. As such, the federal government, municipal authorities or state government will be buying your property in order to utilize it in a way to benefit the wider citizenry. In this matter, Article 5 of the constitution also defends your right to just compensation. Condemnation eminent domain in states such as NJ indicates that private property will not be taken for public use minus compensation.
However, this area of law is heavily nuanced meaning an Eminent Domain attorney can help you get justice if you file a petition against the authorities. For starters, you need to get some insight even as your attorney deals with your compensation proceedings. The first question that prompts an effective answer is who are the condemning authorities in your state?
In NJ for example, you have the NJ Department of Transportation, housing authorities, public utilities, NJ school Construction Corporation among other agencies. In essence, you will have to confer with an attorney to know whether an agency trying condemning your property under condemnation eminent domain is really permitted by law.
Other issues which arise in Eminent Domain law include definition and classification of property, process of building public utilities including the most relevant to you in form of right of way, relocation assistance in case your state offers the same, and most important, process of condemnation and compensation.
In each of these condemnation eminent domain aspects, your attorney can help you ensure fair and just compensation and not just what the authorities have in mind. This mostly occurs if the due process of condemnation was not adhered to as per your state’s statutes.
From the moment you know your property is being considered for condemnation, you have the right to legal counsel and this is a right you must exercise. Remember, in condemnation eminent domain it all burns down to timing and hence procrastination is not an option if you want to fight for your rights.
Effective Domain and Condemnation law is a convoluted field and the more you know the better. Remember any property can be pinpointed for condemnation and hence.
