We Americans take tremendous pride in our right to own real property, and we should. The right to call a piece of this Earth our land in the form of farms, business property and our private homes sets the United States apart from many countries around the world, and we have fought wars to protect this sacred right of ownership. In fact, our founding fathers so cherished this right that they wrote the 5th Amendment to the Constitution to protect private property against the government taking the property without “just compensation”.
“Just compensation” under these laws means that the government can’t dictate the price they will pay you for your land. You are entitled to the fair market value of the land, as determined by a complicated analysis of similar properties through the property appraisal process, based upon the highest and best use laws for your property, among other factors.
The law requires that the government compensate you for the taking of your property, be it federal, state, or local government, and the government can only “take” private land for a “public” use, such as road improvements, a new school, conservation measures, public utilities, or a new airport. Additionally a property taking has occurred if your property is adjacent to an abandoned railroad and the federal government allows the railroad easement to be converted into a recreational trial for public use without compensating you for the value of your private property.
Contact Junell & Associates And Get Started Now
If you’ve gotten a condemnation notice, call the legal team at Junell & Associates right away so you can level the playing field. We are trained in the laws that can curb the government from overreaching, and we are trial lawyers who can take your case to court if necessary. We can hire highly qualified property valuation experts and appraisers to establish the fair value of your land. Don’t let the government take advantage of you. It is your land and we will help you fight for it.
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