What Constitutes Bad Faith Negotiations? | Kentucky Eminent Domain Attorneys

Most of us rely on an internal compass that pretty clearly identifies “good faith” and “bad faith” when dealing with others. These concepts are at the center of almost every legal system throughout the world and in agreements ranging from child custody to nuclear disarmament – and everything in between.

Likewise, we would hope for good faith on the part of both parties in an eminent domain procedure in which a government entity “condemns” your property in order to purchase it for public use. We expect full disclosure of its future use, accurate information regarding the property, its present and future value, etc.

In fact, the very process of negotiating assumes that both parties are entitled to "reasonable expectations and benefits" from the negotiations.

But what happens if one party – the government entity seeking to condemn your property, for example – acts in bad faith?

Acting in Bad Faith

Here’s an example of bad faith in eminent domain cases.

What if your family farm on the edge of a quickly-growing community is identified by the City for condemnation and development into a series of walking trails and a dog park which the city council has determined is a much-needed amenity for the future quality of life for its residents?

But, what if the actual reason for acquiring the land is to prevent you from undertaking a mixed-use development that a large and influential local developer believes will compete with her own project?

In this example, and real-life cases around the country, the incredible power of eminent domain was used to acquire property for “public” use, but was actually intended to benefit a private person. This clearly constitutes bad faith.

Unfortunately, the burden of proving bad faith is on the landowner.

Experienced Kentucky Eminent Domain Lawyers Are Critical to Proving Bad Faith

The main challenge in bad faith eminent domain cases is proof. Can you prove it in your situation? If so, this could be the foundation for damages, including punitive damages, that can be awarded by the court.

Unfortunately, challenging property condemnation is tricky. Courts have historically shown deference to the government’s right to determine what property to acquire and how much of the parcel to take.

This is where an experienced Kentucky Eminent Domain lawyer is needed. They have the experience and knowledge to help build your bad faith condemnation case and protect your rights.

FREE Consultations - Speak With An Experienced Kentucky Condemnation Lawyer Today

If you have been served with a condemnation notice, do not settle before talking with an experienced Kentucky eminent domain lawyer about the merits of your case.

Time works against every eminent domain case, and our attorneys will give you the peace of mind that an experienced advocate can provide.

At Dallas & Turner, PLLC, our Kentucky condemnation attorneys will discuss the details of your case and help you to evaluate your options going forward.

Whether you’re risking losing land that has been in the family for multiple generations or protecting the place you call home, our team will do everything we can to protect your rights as a property owner.

Our consultations are absolutely free with no obligation, and you will get our no-fee guarantee: we don’t get paid unless we successfully resolve your case and get the just compensation that you deserve.

Call now at (859) 630-0666, or message us via live chat or our FREE online case submission form, and we will begin advocating for your rights as a landowner today.