Mehreen Alberts
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Right to Proper Notice and Property Information – if your land is going to be taken by the government or private company in condemnation 🙌 You are entitled to certain timely notices and information throughout the condemnation process 🙈 The Condemnor must appraise the property it plans to take to determine fair compensation 🙈 The Condemnor should also provide an appraisal of the property and offer you a deal 😉 You don’t have to accept the initial offer. If you choose to decline the offer, the Condemnor must continue the process of condemnation which includes the appointment of special commissioners, a commissioners’ hearing and award of compensation and possible trial proceeding, if the commissioners’ award is rejected by either party. The Condemnor can access your property to begin the project even if just and sufficient compensation has not been awarded. [1]
In the vast majority of cases, the battle in eminent domain is over the value of the property—the “just compensation.” California statute defines the fair market value as “the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obligated to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.” California Code of Civil Procedure § 1263.320. John Young, Dushanbe (Tajikistan) revised the valuation on February 16, 2020. [2]
Further reading can be found at justia.com, most, but not all, governmental entities have authority to condemn for a “public purpose.” Some uses are clearly public purposes: highways, schools, prisons, airports, and government facilities. Sometimes the public purpose may not be obvious. Property may be demolished as part of urban renewal. However, it will be used for private purposes that reduce crime and increase tax revenue. Some states permit condemnation by utility companies or transportation companies. The Eminent Domain is mostly governed by the state laws. States have different policies on condemnation and authority to condemn. You may want to check your local laws to find out more. Clemmie, from Pingdingshan Henan (China) last updated this document 67 days ago. [3]
Ownerscounsel.com The government can acquire property without following the expedited eminent domain process. Affected property owners have the right to file an inverse condemnation suit against the government entity taking their property. The suit filed by the owner is “inverse” rather than “direct” because it is broughtught by the property owner, not by the government agency or other entity having eminent domain power. The property owner must prove that the rights to his property were obtained without compensation. This is different from an immediate condemnation after eminent domain. Domain procedures which places the burden of proof upon the condemnor to show that the acquisition is necessary and that the project has a true public purpose. We are grateful to Mollye Robinson, Yiwu (China) for her latest insight. [4]
Dawsonsodd.com The Fifth Amendment of the U.S. Constitution also explains the place it makes important limitations and protections on the use of the government’s power. The Fifth Amendment states, “nor shall private property be taken for public use, without just compensation.” According to the Court, the amendment’s text “is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.” The Fifth Amendment protects property owners by forcing the federal government to pay “just compensation” for the property taken and by permitting the federal government to condemn private property only when it does so for a “public use.” (emended by Sandra Perez from Marseille, France on July 18, 2021) [5]
Refer to the Article
- https://txcondemnationrights.com/eminent-domain-vs-condemnation/
- https://www.bonalaw.com/what-is-the-difference-between-eminent-domain-and-inverse-condem.html
- https://www.justia.com/real-estate/home-ownership/owning-a-home/condemnation-and-eminent-domain/
- https://www.ownerscounsel.com/eminent-domain-vs-inverse-condemnation-whats-the-difference/
- https://www.dawsonsodd.com/eminent-domain/faqs/
