If the authorities or a utility company threatens to seize your property through eminent domain, this guide should address many of your fundamental questions about your rights, the condemnation process, and how to prepare yourself best.
The law governing eminent domain is quite complicated and changes nearly annually. Therefore, it is advised that you consult with an attorney who specializes in eminent domain for advice regarding the specifics of your case. Please use this guide as an introduction and not as advice for your situation.
This guide is not meant to replace counsel with an expert eminent domain lawyer. Always consult with a qualified eminent domain attorney to learn more whenever you have specific questions about the condemnation procedure or the details of your case.
What exactly are condemnation and eminent domain?
The power of condemnation or eminent domain is the authority to appropriate private property for public use. Sometimes, the exercise of eminent domain is referred to as a “taking” of private property.
Who can seize my possessions?
Federal, state, and local administrations have given Numerous government agencies the authority to condemn private property. For instance, the Virginia Department of Transportation may have the authority to condemn your property for a road or highway project, and your local school board may have the authority to acquire property for a new school through the use of eminent domain. Commonly, an entity with the power of eminent domain is referred to as a “condemnor” or “condemning authority.”
Can my possessions be seized for any reason?
No, an entity with condemnation authority may only seize your property for public use, not private use.
Who determines whether my property will be condemned for public or private use?
Only a magistrate can make a decision. A judge can deny the condemning authority the authority to seize your property. This is true even if they thinks the condemnation is for public use.
How can I determine if a condemning authority intends to seize my property?
You may discover about a project affecting your property from local news reports or notices from the government or utility company planning the project.
The condemning authority will often conduct a public hearing on the proposed project. You will be able to examine project maps, ask the condemning authority’s representatives questions, and determine if your property is in the project’s path.
It must clarify the offer and provide you with plans and other documents indicating the amount of your property the condemning authority intends to acquire.
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