Under the US Constitution, the government can legally use and/or take property for public purchase if the landowner is fairly compensated. In most cases, state and federal governments delegate this authority to municipalities and local governments. In this article, we will discuss eminent domain and its effects on your status as a property owner.
Public Purpose
To take someone’s property under the eminent domain doctrine, local or state government must prove that it would be used for the good of the public. The government has substantial leeway on designating land for “public purposes”, and courts usually aren’t willing to question the designation.
Fair Compensation
Under the US Constitution, your land cannot be taken by the government without just compensation-;meaning that you must be paid for the land that is taken. After it’s been determined that your land is to be taken for public purposes, the land is appraised by the government, who sends you a “pro tanto” award (an appraisal-based offer for your land). Most people take the offer they’re given, but acceptance is optional. You may want to ask a Real Estate Lawyer in San Diego if the pro tanto award is fair.
Condemnation / Civil Forfeiture
If there’s reason to believe that criminal activity is taking place on your land, the police have the right to take your property. Property seizure in relation to criminal offenses is called condemnation or civil forfeiture. Governments can take your property if it’s believed that it was used during a crime, or bought with ill-gotten gains.
Innocent Ownership
Federal and state laws provide innocent landowners with defenses to civil forfeiture and property seizure. To prove your innocence, you must demonstrate that you didn’t know about the criminal activity taking place on your property.
In eminent domain situations, real estate attorneys can help you negotiate a fair settlement for your property. Attorneys can help you navigate the procedures and consequences of eminent domain, and if your property has already been taken, a lawyer can help you find out if you’re eligible to use the innocent ownership defense. By hiring a Real Estate Lawyer in San Diego, you can determine whether the government acted fairly in the seizure of your land or property.
