Even if the property owner challenges the offered compensation, it doesn't slow down the condemnation process. Many states have "quick take" laws that favor the government in getting started quickly on construction and renewal projects.
As a result, the compensation will be awarded quickly so title and ownership can be transferred as soon as possible. Any delays could result in decline in the property value, which might hurt the property owner in the long run. Not all kinds of condemnation involves property for public use. In communities where there is a significant lack of housing inventory, the city or town might use the power of eminent domain to secure property to build more housing, like apartment complexes and condos.
Additionally, not all condemnation proceedings involve seizing the full property, nor is the seizure permanent. For example, part of an owner's private land might be seized to widen a roadway -- they can remain on their property, but they're being compensated for part of it by the government. Or there might only be an easement rather than a full transfer of property ownership; for example, construction crews need access to private property to install plumbing used by the new building.
In situations where properties are unkempt or deteriorating, the town or government agency may condemn the property in order to remove the blight and foster community renewal by renovating or building something new. Eminent domain might be used to secure the property without approval of the owner. In this case, a property owner can avoid condemnation through regular maintenance of the property and land.
Regardless of the circumstances, if you own a property for which the government has issued a notice of condemnation, get a private appraisal and retain legal counsel. Condemnation is not a process any property owner should take on alone if you want to ensure you're being offered just compensation for your real estate investment. Our team of analysts agrees.
These 10 real estate plays are the best ways to invest in real estate right now. If the property is not repaired within a set amount of time or the expense of rehabilitating the structure is not justified, it is generally demolished by the appropriate local authority.
These uses include roads, parks, and levees. Local departments of building safety or inspections are usually responsible for designating a structure as condemned. This designation generally occurs when a property has been vacant, unoccupied, or boarded up for more than six months.
A house or building may also be condemned because of repeated building code violations that have not been addressed and that render the structure uninhabitable or unsafe to use. Other factors include the severity of any damage, the impact on surrounding structures, and any attempts by the owner to improve the property.
Construction Law. Construction Defects. Zoning and Land Use. Selling a Home. Real Estate Forms: State Resources. Find a Real Estate Law Lawyer. Justia Legal Resources. Find a Lawyer. Law Students.
US Federal Law. US State Law. We work closely with experts and other professionals to present fair and accurate information to the jury. That way, the jury gets a clear and concise understanding of the compensation issues, enabling it to reach a fair and just compensation result for our clients.
Condemnation cases are sometimes appealed. Our experience includes trying such cases in state and federal courts. Skip to content. What is condemnation? Who can condemn my property? What can I do before my property is condemned? How will my property be appraised?
Why are some appraisal estimates so different from others for the same property? Trial Practice We have extensive trial experience in both state and federal courts. Technical Support Demonstrative exhibits play an important role in conveying a case to the jury, from the depiction of a whole property before the taking to the property remaining after the taking.
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