Scranton Eminent Domain Lawyer
The Government Maintains the Right to Take Private Property for Public Use in Certain Situations.
The government maintains the right to take private property for the benefit of public use. If you are a person who is approached by the government and asked to relinquish your property, it’s important that you know that you have certain rights, including the right to challenge the government’s ability to take your property. But going up against the government can be both intimidating and challenging, and doing so on your own isn’t recommended. At the law office of Ernest D. Preate, Jr. Esquire, our Scranton eminent domain lawyer can provide you with quality representation.
What Is Eminent Domain?
Eminent domain refers to the right of the government to take private property for public use, even if the property owner does not want to give up the property, so long as just compensation is offered in exchange. When property is taken, the process is referred to as a condemnation. A condemnation may proceed for the purpose of taking property for the construction of roads, public buildings, schools, highways, and other public services.
Understanding Just Compensation
A key part of eminent domain law is that the government must offer just compensation in exchange for a property. This requirement is found in the Fifth Amendment of the United States Constitution, which reads that “…nor shall private property be taken for public use, without just compensation.”
But what exactly constitutes just compensation can be harder to define. Indeed, while the standard that is used in an eminent domain case is the difference between the fair market value of the property interest before the condemnation and the fair market value of the property interest remaining after the condemnation, to a property owner, a piece of land or a family home is often much more than just a dollar sign.
Your Rights When the Government Wants to Take Your Property
If the government wants to take your property for the purpose of public use, you have the right to challenge the government’s attempt to do this. Challenging the decision, however, can be complicated and requires a thorough understanding of the law and the various procedural requirements surrounding an eminent domain proceeding. For example, you may challenge based on the government’s failure to adhere to proper procedural requirements, or may challenge based on the intended public use and supposed public benefit. Both challenges can be difficult for a property owner to win.
If Your Property Is at Risk of Being Taken, Call Our Experienced Scranton Eminent Domain Lawyer for Legal Representation You Can Trust.
If your property is at risk of being taken by the government based on eminent domain laws, and you wish to challenge the condemnation, you need a skilled eminent domain attorney on your side. Our Scranton eminent domain lawyer will help you to understand the specific steps that the government must take to acquire your property by eminent domain, what your rights are throughout the process, and how to challenge the government’s actions. For a consultation with Attorney Ernest D. Preate, Jr. Esquire, please call our law office today or send a message telling us more about your situation now.