Find an Eminent Domain Lawyer Continued…

Many lower courts have turned a blind eye to governments seizing property for the real purpose of profitable projects. But some cases make it all the way to the Supreme Court in hopes that restrictions will be put in place. Legislators in the state of Indiana in February 2005 saw to the rights of their homeowners by voting to make it more costly for governments to condemn private property just for the sake of commercial development. Despite some victories, those who file eminent domain lawsuits still face an uphill battle. In addition to lawyers, the Libertarian party and several citizen advocacy groups have taken up the cause of fighting on behalf of property owners faced with losing their property. Property Valuation Whether or not an eminent domain case makes it to the courtroom, attorney efforts will focus on fair valuation of the property. The Fifth Amendment to the U.S. Constitution states no private property shall be taken for public use “without just compensation." Is the offered price fair, or is it lower than the worth of the property? Does fair compensation include the fact that the property seizure will result in significant financial gain for the one taking the land? Elderly and poor people are often victims in eminent-domain cases. They may not want to — or be able to afford — to sell their homes at any price. Some homeowners or business owners may have paid their loans off years earlier. Be aware that eminent domain litigation requires the services of expert witnesses to testify to the evidence on property value. State laws differ on whether expert-witness costs must be reimbursed to the property owner. By Kathleen Goolsby