Eminent Domain

LawCare represents the people of Utah in eminent domain cases against state and federal governments.

In simple terms, eminent domain is the right of a state, municipality, or private person or corporation authorized to exercise functions of public character to take property following the payment of just compensation to the owner of that property.

Issues that people encounter with eminent domain include the removal of property, what is deemed “just compensation” and if due process occurred to determine eminent domain is legal in each case.  At LawCare, we have years of experience with eminent domain cases and always work to ensure that the rights of the property owner are protected and upheld.

The following is a list of some questions you may want to consider if your property is under consideration for taking under the powers of eminent domain:

  • Has my property been designated as part of a redevelopment project?
  • Has my property been designated as blighted?
  • Is there any way to contest the designation of my property as blighted (or other legal designation that allows eminent domain)?
  • If so, how would I do that and when?
  • Will there be further hearings on the project or condemnation?
  • When will the hearings be and what agencies will hold them?
  • Will I have an opportunity to speak and if so, do I have to speak in order to preserve my rights later?
  • Can I submit written objections or evidence to government agencies?
  • What is a timeline of every hearing, report, and notice that will come out before my property is condemned?
  • At which steps do I have an opportunity to object to the project or the condemnation?
  • When can I expect that a condemnation action may be filed?
  • How long will I have to respond after that?
  • How does “just compensation” work in my state?
  • What will I be compensated for? How much are relocation expenses?

As there are a lot of questions to be answered, LawCare can help you navigate this complicated and extensive process. If your property is a potential target of condemnation by government or industry, it is ESSENTIAL that you contact an expert to protect your property rights and receive “just compensation” for your real estate assets before it is too late.

 

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