All You Need to Know about Eminent Domain

People question whether the government has the right to take someone’s property or a company and use it for the good of the public. This is what is referred to as eminent domain. Eminent domain New Jersey allows the government or government agencies to take private property. For the government to take private property from an individual, there are two requirements that must be fulfilled. Firstly, the private property must be taken and used for the benefit of the public. This could be to develop a road or an institution. There are cases where the government must show that they needed the property and that it was necessary that they own it for public use. Secondly, the property owner must be given fair and just compensation for the property.

There are cases where the property owner may not want to give his land to the government or an agency and requests for the eminent domain process to be discontinued. This is when the owner feels that the requirements of public purpose and necessity have not been fulfilled. There are cases where the government decides to take the property and dictate the purchasing price. What the individual owner or company needs to do is seek the services of an Eminent domain New Jersey lawyer so that he or she will assist him in the case. The first thing that the attorney will assist you with is letting you know about the property rights in the state of New Jersey. This will allow you to identify the existence of eminent domain abuse and seek to protect you from this abuse. If the attorney realizes that you compensation for your property is not just, he can also argue for fair compensation, in case the owner wants to sell his property. Here is how the eminent domain attorney will assist you in your eminent domain case:

  • Challenge the right to take: The attorney will also proceed to challenge the right to take your property. You have a right, as the property owner to contest the taking of your property. The lawyer will definitely argue about public use and necessity. There are times when the government acquires more property that is needed to satisfy the public. When this is the case, the owner of the property can stop the process. Depending on the argument, the Eminent domain attorney will assist you in recovering some or all of the property.
  • Blighted property: The government takes property that is blighted. For property to be considered ‘blight property’, it must have irregular building of plots leading to difficulty in access in case of a fire hazard, poor sanitation, overcrowding and other dangers. The Eminent domain attorney will show the panel that the property is not considered in the blight status category and therefore challenge the government authority to name the property as blight property.

The eminent domain process can be challenging to the property owner and that is why you need the assistance of an eminent domain lawyer.

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