The activist group Castle Coalition gives Illinois a D+ rating when it comes to protecting property owners against eminent domain. That doesn’t mean there aren’t defenses available, as it is often possible to beat eminent domain with the help of an Illinois real estate attorney who specializes in eminent domain defense.
The agency interested in acquiring property will assess it to determine its value. Next, an offer will be made to the landowner, which may be accepted or rejected. If an agreement is not reached, the matter will be set for a public hearing. A complaint may also be filed in the local Circuit Court.
For the government to seize property, it must meet the requirements for public purpose or necessity. This means the land must provide some benefit to the public. Some examples include roads, schools, parks, or government agency use. These examples are not all-inclusive, but do represent the most common eminent domain actions.
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The government is also limited to taking only the amount of property that is necessary. If a 50-foot strip of land were needed to widen a roadway, the government would be prohibited from taking more than that amount. When eminent domain involves less than the total parcel, it is known as a partial taking.
Landowners may question whether the taking would actually result in a benefit to the public. This defense is often used whenever a taking would primarily benefit a private business. They may also question the need for the proposed benefit by asserting that an additional school, park, or road-widening project actually isn’t needed.
In some instances, property owners may object to the amount of land being seized. The defense of necessity then comes into play, showing that the government is actually taking more land that what is needed to accomplish the public benefit.
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Aside from providing eminent domain defenses, a real estate attorney might also be helpful in negotiating a settlement. The government’s goal is to purchase property for as little money as possible, which often results in landowners receiving less than they deserve. Eminent domain lawyers typically work on a contingency basis, meaning they will work hard to ensure their clients receive just compensation.
Individuals faced with eminent domain action should assert their rights early. Those who do have the best odds of defending their property and/or obtaining a fair settlement.
Bensenville, Elk Grove Village, Willow Springs, Buffalo Grove, Arlington Heights, Schiller Park, Chicago, Mt. Prospect, Northbrook, Wheeling, Niles, Waukegan, Elgin, Glenview, Morton Grove, Park Ridge, Des Plaines, Franklin Park, Melrose Park, Maywood, Hillside, Westchester, Oak Lawn, Oakbrook, Palos Heights, Tinley Park, Flossmore, Hinsdale, Cook County, Lake County, Kendall County, DuPage County, I-94. I-294, I-90, I-290, I-355, I-55, I-57, I-39, I-80, I-88, Kennedy Expressway, Eisenhower Expressway, Stevenson Expressway, Dan Ryan Expressway, Edens Expressway, Jane Addams Tollway, Reagan Tollway, Tri-State TollwayEminent Domain refers to a fundamental power of the government to take private property for a public purpose without the owner’s consent. The power of eminent domain is incorporated in both the United States and California Constitution. Specifically, the Fifth Amendment to the United States Constitution prohibits the federal government from taking private property for public use without just compensation and the Fourteenth Amendment prohibits state government from condemning private property without due process of law. While Article 1, Section 19 of the California Constitution is considered the foundation of California’s eminent domain law, the state’s comprehensive eminent domain law is found in California Code of Civil Procedure Sections 1230.010 – 1273.050.
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Simply put, eminent domain is the power of the state to take private property for the use in a public project in return for reasonable compensation. Reasonable compensation is defined in terms of fair market value of the property.
Example 1:Private property is in the way of a road that must be expanded to accommodate public use. The condemning agency in the case partially or entirely overtakes the property through eminent domain action, if no agreement is reached first.
Example 2:Utility company needs to run power poles through your property; it can claim “easement” rights to use your property without actually possessing it.
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It certainly can. Eminent domain abuse has become a growing concern in many communities where a property developer convinces the city take private property for the purpose of redevelopment for profit. The law has gone as far as defining “public use” as “for the public good”, which are entirely different things. Under the “public good” definition, cities can claim private property and allowprivatedevelopers to raise new buildings for the sole purpose of profit growth. There is an excellent 60 minutes article that shines light on the growing concern surrounding eminent domain abuse.
The eminent domain process can be complicated, confusing and often intimidating for a property or business owner (also known as the “condemnee”). Although it may appear that the government is protecting the interests of the condemnee, unfortunately this generally is not the case. More often than not, the primary focus of the condemning agency is to determine the cheapest way to acquire the desired property. Therefore, it is imperative that property and business owners faced with condemnation contact an experienced attorney at the earliest possible stage in the condemnation process. Consulting with an attorney who has extensive experience in eminent domain is the best way to ensure fair compensation for your losses.
Depending on the particulars of a case, a property owner may be entitled to compensation for any or all of the following:
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Article 1, Section 19 of the California Constitution provides that “just compensation” must be paid for private property taken for public use. The courts have determined that this standard is measured by the property’s “fair market value”. Fair Market Value is defined in CCP 1263.320:
The fair market value of the property taken is 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 obliged 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.
As provided by CCP 1263.320, “the fair market value of the property taken is the highest price on the date of valuation…” Since the definition of “fair market value” is somewhat uniquely defined by eminent domain law, it is imperative that condemnees consult with appraisers who have experience valuing real estate within the context of eminent domain. To achieve the best results, we consult with and retain appraisers who are not only experienced with preparing eminent domain appraisals, but who are comfortable testifying at deposition and trial.
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, chances are you are facing eminent domain action and are seeking for answers about how eminent domain works. Before taking any action on your own, you should consulteminent domain attorneys. Simply knowing what is eminent domain and educating yourself on the subject is not a substitute for complex legal knowledge possessed by eminent domain attorneys. Here is a quick summary of how eminent domain action works:
For a more detailed step by step explanation of how eminent domain action works please inquire about our free handbook. The handbook provides detailed answers to any questions you may have such as:
Is your business or property being affected by eminent domain? Contact our Real Estate Attorneys Fisher & Talwar. Call us today at (213) 891-0777.
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Unlike many other eminent domain firms, we are highly experienced in representing property and business owners whose properties have been taken or damaged by the government. Our representation begins with an evaluation of the proposed condemnation and a comprehensive analysis of specific project impacts and compensable damages. Once these matters have been thoroughly discussed with a client, our experienced attorneys develop a strategy based on the particular facts of the case to maximize compensation.
Over the years, attorneys at Fisher & Talwar have obtained tens of millions of dollars in compensation for condemnees. Attorneys at our firm are experienced in all aspects of eminent domain litigation and have successfully litigated direct and/or inverse condemnation cases against numerous government agencies throughout Southern California including the Los Angeles Unified School District (LAUSD); Alameda Corridor Transportation Authority (ACTA); Alameda Corridor-East Construction Authority (ACE); California Department of Transportation (CALTRANS); and many cities, counties, redevelopment agencies and other school districts.
Our cases are handled by ourLos Angeles eminent domain attorneys– a feature which distinguishes our firm from larger, more-impersonal litigation houses. Because we are selective in the cases we take on, we are able to devote more time and energy to each of our clients. By participating in every step of the process, our partners are able to effectively assist clients in identifying goals and advise them on how to best attain their desired results.
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Eminent domain and inverse condemnation cases generally require multiple experts. Our attorneys consult with and retain top experts in the fields of real property appraisal, business appraisal, fixture and equipment appraisal, civil engineering, environmental testing and remediation as well as other experts qualified to
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