Can You Stop The Government From Taking Your Property?

The government holds power to condemn any piece of private land or property for the purpose of public benefit. While the government can condemn property according to the legal system, it must also compensate the owner fairly. Other than that, there are specific things the government must do to purchase land or property under eminent domain law. 

The government has also given the citizens the right to go against a land condemnation and take the government agency to court. This is usually a long shot but may work if you present the right arguments. A Land condemnation lawyer in Hillsville can help you understand if your argument is valid enough. 

Under what circumstances can you stop the government?

There are two limitations on the power to take someone’s property and condemn it: 

• The government must use the land or property for public benefits, such as using the area to build a children’s park, school, public washrooms, etc. 
• The government must compensate the owner for the condemnation and offer them a fair amount. 

Can you prove that the condemnation is not for the public’s benefit?

The government must have a plan to use your land for the benefit of the public during land condemnation. The project may not necessarily be for public use but should benefit them. For example, a pipeline, a sewer channel, drainage systems, etc. 

The bottom line is that the project’s purpose should either be beneficial or provide security to the public. It could be a recreational space for the citizens or an improvement to an existing one. So, when you receive the letter of condemnation, you should first research the project for which the government wants your land. 

If you and your attorney believe that the public project does not qualify under eminent domain, you may be able to apply to stop the purchase of the property. 

Do not accept the first compensation!

If the public project qualifies under eminent domain, the government must compensate you properly for taking your land. Remember that the government may try to offer a low amount. It is important to know that you are not required to accept the authority’s first offer for compensation. Your attorney in Hillsville can negotiate and bring the amount you deserve. 

However, you should also remember that you cannot stop the land condemnation only because you are not able to reach an agreement with the government.