Why Act Now
Eminent domain and valuation involve special areas of the law and frequent reliance on experts, including appraisers, engineers, land use planning and environmental specialists. Finding an attorney who has existing relationships with such experts is key to property owners obtaining the outcome they deserve, whether that outcome is just compensation or preservation of property rights. Consulting with an Arizona eminent domain attorney is many times necessary for property owners to defend their constitutional rights.
If you receive and offer, speak to a eminent domain attorney before taking action.
Property owners should promptly consult with an Arizona eminent domain attorney if they discover the government is interested in their property. Generally speaking, property owners learn of the government’s interest when one of its agencies offers to purchase the property. Regardless of whether or not the offer sounds fair, however, property owners should protect themselves by obtaining legal counsel before discussing compensation, values or proceeding with negotiations. Even if the offer sounds enticing, property owners should first obtain legal advice from a Phoenix eminent domain attorney.
Property owners have no obligation to speak the with government
Were the government to contact a business owner about purchasing a strip of his property for a road-widening project, the business owner should not negotiate with the government before consulting with an Arizona eminent domain attorney. Of extreme importance here is that the government has significantly greater resources than a typical purchaser, placing the business owner at a disadvantage without first obtaining qualified assistance.
Once the government initiates a condemnation proceeding, it can use property owners’ statements and admissions against them. As such, property owners should not discuss the impacts from condemnation, property value, or expected compensation with the government, or they risk obtaining less than fair compensation. Property owners are not obligated to speak with the government without representation, particularly given that the government typically prepares for months before initiating contact, placing unadvised property owners at a serious disadvantage.
Compensation includes damages to the remaining property.Where the government condemns a portion of a property, the full extent of the damages is not always readily apparent to the property owner. For instance, using the example above, if the road-widening project eliminated the only access point to the property, the damages would likely extend beyond the value of the condemned property. Depending on the particular circumstances, damages could include the construction costs of a new access point, or even the full value of the property before the condemnation. The Arizona Constitution guarantees just compensation to property owners whose property has been taken by the government. Where the government takes only a portion of the property, and the value of the remaining property is diminished, just compensation should include damages. Damages to the property remaining after the condemnation are not always obvious, however, and can be difficult to identify and to calculate. To assist with this process, property owners should consult with an eminent domain attorney as soon as they learn of the government’s interest in their property. |
Property valuation should include careful legal analysis.Property owners should not accept the government’s initial offer without careful consideration. To illustrate, let’s say that the government makes an offer on a property owner’s residential property, which the property owner promptly accepts. The offer is based on the property’s current residential Although the offer seemed fair enough to the property owner, he failed to look at all of the issues, and thus his decision was uninformed. What the property owner did not realize was that the value of the property would have been substantially greater had the reasonable probability of it being rezoned for a commercial use been considered. Because the property owner avoided assistance, he received substantially less than fair compensation. Prior to exercising its power of eminent domain, the government typically spends months or even years studying the issues and preparing a purchase offer. Given that the government has this advantage, it makes very little sense for property owners to readily accept the government’s first offer. While not always the case, accepting the government’s initial offer without careful legal analysis can result in inadequate compensation to the property owner. |
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