STOP FORECLOSURE NOW

Call (801) 858-0553

EMINENT DOMAIN

"You should try to find a lawyer who knows about eminent domain

and who is sympathetic to the plight of property owners." 

(American Coalition for Property Protection)

The final sentence in the Fifth Amendment to the U.S. Constitution states: “...nor shall private property be taken for public use, without just compensation.”  The power granted to federal, state, and local governments to cease private property is called “eminent domain”, and is also referred to as condemnation. 

Under certain circumstances eminent domain is used only when it benefits the public interest.  Governments have delegated the power of eminent domain to educational institutions, private industry, farming and mining interests, and other entities.  Over the years, this has resulted in significant abuse.  The 5th Amendment also demands "just compensation” to the property owner.

Compensation requires "just payment" to the property owners under federal and state constitutions and is intended to fully indemnify property owners in money for what they lose in property value. When only a portion of the property is taken, the property owner may also be entitled to the value of the property ceased as well as resulting damages to the remaining property.

At LawCare, we know about eminent domain and the rights of property owners.  The following is a list of some questions you may want to consider if your property is under consideration for taking under the powers of eminent domain and subsequent condemnation.

• Has my property been designated as part of a redevelopment project?
  

• Has my property been designated as blighted?
  

• Is there any way to contest the designation of my property as blighted (or other legal designation that allows eminent domain)?
  

• If so, how would I do that and when?
  

• How would I go about contesting the condemnation of my property? What is the legal procedure?
  

• Will there be further hearings on the project or condemnation?
  

• When will the hearings be and what agencies will hold them?
  

• Will I have an opportunity to speak?
  

• Do I have to speak in order to preserve my rights later?
  

• Can I submit written objections or evidence to government agencies and how?
  

• What is a timeline of every hearing, report, and notice that will come out before my property is condemned?
  

• At which steps do I have an opportunity to object to the project or the condemnation?
  

• When can I expect that a condemnation action may be filed?
  

• How long will I have to respond after that?
  

• How does "just compensation" work in my state?
  

• What will I be compensated for? How much are relocation expenses?
  

• What are legal fees for contesting a condemnation?
  

• What are legal fees for securing additional compensation for a condemnation? 
  

Because of it' rapid business, mining, transportation, and industrial expansion and population growth, Utah is one of several states with an unfortunate history of eminent domain abuse.  If your property is a potential target of condemnation by government or industry, it is ESSENTIAL that you contact an expert to protect your property rights and receive "JUST COMPENSATION" for your real estate assets before it is too late.

For answers to specific questions call us at 801-858-0553

INFORMATION

LOGIN FORM

USER NAME

PASSWORD

Our Legal Services include:

• Winning against illegal Foreclosure
  

• Utah Eminent Domain
  

• Buyer-Seller Mediation
  

• Broker Counsel
  

• Title Company Counsel
  

• Short Sales
  

• Entitlements
  

• Real Estate Developments
  

• Boundary Disputes
  

• Title Disputes
  

• Insurance Disputes
  

• Liability Disputes
  

• Fire & Other Disputes
  

• Deeds in Lieu of Foreclosure
  

LawCare, PC

Trusted Professionals

Who Care

Julia standing outside her Georgia home where she has lived for nearly three decades.

CASE STUDY

In Georgia, a jury decided that a Georgia hospital had to pay nearly five times what it offered if it wanted to condemn a rental house where a frail, 93-year-old woman lived for nearly three decades.

The hospital condemned the property last year so that it could expand a child development center for employees’ children.

The jury's verdict stated that the hospital would have to buy the 60-year-old brick duplex for $200,000 -- it had been appraised at $50,000 to $60,000 -- and give the tenant $51,000 to help her move from her home of nearly three decades.

The lawyer who represented Julia said that the verdict proved that no one can assume absolute power over someone’s life without having to answer to the legal system.

Julia wanted to stay in the home because she lost her husband, a son, her daughter and a granddaughter while she was living there and had so many memories.

The jury verdict came a day after the Georgia Governor called for a state constitutional amendment to provide Georgia property owners with more protections from government seizure of their property.

He also announced a new bill reforming the state’s eminent domain laws in response to an unpopular U.S. Supreme Court decision that gave governments power to take land for private development.

About 40 other states are also re-examining their eminent domain laws.

(801) 858-0553