Eminent Domain is when any type of government takes all or a portion of your property to be used for the greater good of society. This could be widening the road so that it takes up some of your property, or seizing your entire property to build a school or other government facility. If you have received an eminent domain in Long Island notice you need to seek the advice and services of a lawyer immediately. You may be entitled to more compensation than what the government has initially offered.
Eminent Domain and You
Do not wait until the construction crew shows up and starts the project on your property. You need to file a claim through your lawyer as soon as you receive the notice. For claims to be valid they need to be filed in a timely manner and with the right courts. If you feel that the government project is going to depreciate the value of the land or that you deserve more money than what was offered you can dispute the notice and try to get more compensation. You will have to prove that your property is worth more than what is offered, that the project will significantly decrease the value of your property, or that the project hinders future appreciation of the land or property. The government that wishes to take your property will give you notice and hold a local hearing as to the plans for your property. Generally you need to file a claim before the initial hearing which is why it is so important to get this done in a timely manner.
Filing a Claim
When you file a claim your counsel, on the advice of engineers and appraisers, will seek compensation fit for the property. If you are comfortable with the government’s offer you may receive their advance payment which can take weeks to months to arrive. If you accept this advance payment you must be sure that you have not signed an agreement that this is acceptance of the offer in its entirety. If you do so, you cannot make a claim for more money in most cases. In some cases you can file a claim to have the project put under review in order for them not to take any of your property. In order to do this you will have to prove that the project does not benefit the public, but rather benefits a private party, has a negative environmental impact, or that they have not followed proper procedure to take the property. Otherwise, the courts usually will stand by and allow the government to take the property. You will need to seek the advice of a lawyer for more detailed information about your condemnation or eminent domain rights for your particular case, and as these statements are vague representations of the law.
If you are facing eminent domain in Long Island you need a reputable lawyer by your side. Contact the law office of Jasper Schlesinger LLP by visiting their website or by calling.
