What is a Counter-Offer?

If you have been faced with eminent domain and the government has proposed a monetary offer for a property in your ownership, it is crucial that you precisely evaluate their offer before accepting it. If the offer seems even slightly less than you would have expected, making a counter-offer is something to seriously consider. In most cases, property owners will receive greater compensation after filing a claim against the condemning agency’s offer in an eminent domain proceeding. Keep in mind: appraisers often differ in their opinions of a property’s value by thousands or tens of thousands of dollars, so hiring a professional appraiser, such as an eminent domain attorney, is essential to your case.

Applying to the court for an order to increase the amount of the deposit is easier than you might think and will most likely yield you with a much higher cash amount for your property. An experienced Arizona eminent domain attorney can help you draft your claim by considering your property’s true value while comparing it to how much your property may be worth to the government.

Call (480)-428-3572 today for a consultation with me, Anthony Misseldine. Depending on your case, I may be able to get you a much higher compensation for your property than the government is currently offering you.

House of Representatives Passes Anti-Kelo Bill

Early this month, the United States House of Representatives passed the Private Property Rights Protection Act bill, in an effort to “minimize abuses of the government’s condemnation power.” Ever since the  infamously unjust 2005 condemnation involving Susette Kelo’s home in New London, Connecticut, Congress has developed over a dozen anti-Kelo bills to protect private property owners in the United States.

Kelo v. City of New London consisted of a government condemnation of Ms. Kelo’s home and the homes of her neighbors to make way for a multimillion-dollar redevelopment project which promised over 3,100 new jobs and $1.2m in tax revenues annually.  With terrible irony it should be remembered that the redevelopers were unable to receive the necessary financing and finally gave up, and where Kelo’s home once stood is now a waste dump.

Why did five of the nine Supreme Court justices vote for the condemnation of Kelo’s home, agreeing that the redevelopment project showed proof of “public use”? The reasoning behind that decision has prompted much discussion and debate for several years, and has brought attention to eminent domain proceedings across the county as condemning authorities continue to rely upon the decision in Kelo to support scandalous takings for economic development or public benefit, allowing “certain condemners and their developer partners to abuse the power of eminent domain” over and over again.

This new bill will likely bring debate over condemnation as a proper tool in the government’s effort to promote redevelopment to economically challenged areas. Private property owners hope that Kelo won’t happen again in the United States, and that the private individual right to personal property will be further protected. If you believe your property is a target in a proposed condemnation, an experienced Arizona eminent domain attorney can fight to protect your constitutional rights. Call (480) 428-3572 to schedule an appointment with eminent domain attorney, Anthony Misseldine today. Don’t fight the government on your own, get the professional knowledge and expertise you deserve.