Kentucky Eminent Domain Lawyer, Condemnation Attorneys
Receiving a condemnation notice can be an intimidating event. The government, a utility company or other private business has just informed you that they’re taking your property. They have given you a price that they will pay you, and so many property owners have no idea what to do from here.
What are my rights?
How can they do this?
Is this even a fair amount of money?
Sadly, many property owners cave in under the pressure, feeling like they have no power or recourse to stop the government or some other entity from taking their land.
The one thing they won’t tell you in a condemnation notice is that you have the right to consult with an eminent domain lawyer, who will fight for your rights to prevent abuse or unfair compensation in this process.
What is Eminent Domain?
Eminent Domain is the "power of the government to take private property" if it constitutes public use, based on the Fifth Amendment. Condemnation is the term used to describe the proceeding, or the “taking” of private property. Kentucky law also gives the Commonwealth the power to condemn private property.
The Fifth Amendment itemizes three criteria for the government’s ability to seize private property, which are:
- The government must follow due process
- The purpose must be for public use
- The government must provide just compensation
In some cases, non-government private entities may condemn private property, which include:
- Utility companies
- Oil and gas companies
- Building developers where the development is considered for public use
- Railroads
How Can Landowners Fight Condemnation Actions?
If your property is facing condemnation, don’t lose all hope. You have rights. While it isn’t easy to stand up to the seemingly indomitable force of the government or big companies, the law is still the law.
Ultimately, there are two challenges to be made in an eminent domain case: the right to take or just compensation.
Right to Take - believe it or not, there are cases where condemnation actions are taken inappropriately and without legal standing.
These cases include:
- Failure to meet public use requirement
- Failure to follow required procedures
- Improper designation of your property as “blight”
In cases challenging the right to take, the case will go before a judge to make a final decision.
Just Compensation - most cases will surround the idea of whether or not the valuation of the property is fair and meets the just compensation standard.
Many eminent domain cases involve farmers or landowners on the outskirts of expanding towns and cities. These occasionally see cases where the action is a “partial taking” of one portion of the land as opposed to a “complete taking.” The valuation of the condemned property in such a case doesn’t take into account the impact on the remaining land of the landowner, who may see a devaluation in the rest of his or her property as a result.
Fortunately for property owners, questions of just compensation are settled by a jury, where your attorney will stand up for you and fight for what you’re truly owed. This is the most effective avenue to fight the initial offer and challenge their idea of just compensation.
Do I Need An Eminent Domain Attorney?
Whether an eminent domain case goes to trial or is settled in direct negotiation, an experienced Kentucky eminent domain lawyer can help.
Cases against the government or private entities can seem like David and Goliath, but a great attorney advocates for your rights under the law.
An attorney can help you establish whether or not there is a case to be made to challenge the right to take. If this case were to go to trial and win, you keep your property and stop the condemnation action altogether.
In cases where just compensation is in dispute, the first course of action is usually direct negotiation to avoid a trial. Your attorney will try to bring about favorable terms based on what you are willing to take, but if negotiations break down or the party taking your property refuses to cooperate, your attorney will have the ability to press the issue before a jury trial.
FREE Consultations - Speak With An Experienced Condemnation Lawyer Today
If you have been served with a condemnation notice, absolutely don’t settle before talking with an experienced Kentucky eminent domain lawyer. The clock is ticking in eminent domain cases, and nothing helps to provide you with the peace of mind like having an experienced advocate at your side.
At Dallas & Turner, PLLC, our condemnation attorneys will discuss the details of your case and help you to establish your options going forward.
It doesn’t matter if this is a case where you’re risking losing land that has been in the family for multiple generations or protecting the place you call home, our attorneys will do everything we can to protect your rights as a property owner.
Our consultations are absolutely free with no obligation, and our clients receive the 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, connect with us via our live chat or email us using our FREE online case submission form here, and we can begin advocating for your rights as a landowner today.
Frequently Asked Eminent Domain Questions
The terms can sometimes be used interchangeably, but in general eminent domain is the ability or power of the government (federal, state and local) or other entities to confiscate private land for public use provided there is just compensation.
Condemnation is the action, or the “taking” of private land. Landowners are served with condemnation notices, which are rooted in the power of eminent domain law, though they must follow established condemnation procedures and due process.
No matter how you are currently using your property, eminent domain cases require that just compensation be valued by the “highest and best use” of your property, including potential future use.
For example, if you own and operate a farm on the sprawling outskirts of a city, the valuation isn’t just based on the average price of farmland, but the value of the land in context to the growing demand for commercial real estate along the outskirts of the town or city’s growth. If it can be shown that your property could be used for a commercial purpose, for instance, the potential value of your land will be significantly higher.
Partial taking is the action of taking a fraction of your property, as compared to a “complete taking” that applies to your entire property.
Partial taking cases can be more complex, because the value the government or other condemning agent provides may not properly factor in the impact that the partial taking will have on the rest of the remaining property.
For example, if the government takes 10 acres of a 30 acre plot, but the 10 acres represents the entire road frontage of your land, it can adversely affect the value of the remaining 20 acres in many ways.
Read our complete article on Partial Taking vs Total Taking here >>
Generally speaking people have a basic concept of good faith, and it's important to legal proceedings -- especially when it comes to government condemnation actions against private property owners.
Unfortunately this is not always the case.
What constitutes bad faith negotiations, and how does it impact your eminent domain case?
The answer to this always depends. An experienced Kentucky eminent domain lawyer will help you build the merits of your case and discuss all potential paths forward.
In some cases, the condemning party can agree to favorable just compensation without the need for a trial.
In cases challenging just compensation, if negotiations don’t work, the matter goes before a jury trial. These offer a chance to make your case heard to a jury of your peers.
If the right to take is questioned, and there is a case to be made to keep your land, then the issue will come before a judge to determine.
Have Any Other Questions?
If we haven’t answered your questions about your eminent domain case, you can speak with our experienced Kentucky condemnation lawyers at Dallas & Turner, PLLC.
You can call now at (859) 630-0666, or message us via live chat or our FREE online case submission form.
