Common Questions: Eminent Domain

Helpful Insight from Nebraska Condemnation Lawyers

When your land is threatened by eminent domain, you need to make the right move to protect your right to just compensation. Unfortunately, this is a complex area of law rife with rules and regulations that can leave anyone's head spinning. That is where the attorneys at DominaLaw Group come in the picture. We are trial lawyers committed to protecting landowners' rights across Nebraska and throughout the U.S. Appearing regularly in State and Federal Court, we fight to protect the interests of our clients to the fullest extent. We believe it starts with educating our clients regarding their rights and options and how the condemnation process works. In addition to contacting an Omaha eminent domain attorney at our firm for a consultation, you can review the following questions and answers for helpful insight.

What is eminent domain?
In certain situations, the government may have the right to acquire private property for public purposes, even without the consent of the landowner. This is referred to as eminent domain. To take the property, however, the government must provide just compensation to the owner.

What are some of the reasons the government may want to seize my property?
There are many different reasons that a public authority may wish to acquire private property. Some of the most common include parks, roads, schools or other public buildings, and other purposes that are meant to serve the public need or public good.

How does it work? Will the government make me an offer?
Yes, the government will make you an offer based on the perceived fair market value of your property. Though the government is supposed to make a fair offer, it is important to have a qualified appraiser determine whether the amount is just. An attorney can also offer helpful insight regarding the fairness of the offer. If you decide the offer is unfair, you can undergo negotiations with the government, similarly to how you may negotiate with a regular buyer.

What happens if I refuse the government's offer?
You can refuse the government's offer, but at this point they may initiate condemnation proceedings to take the property without your consent. You may still be entitled to just compensation. A lawsuit may be filed to take the property, but this will not negatively impact your credit score or allege that you have done anything wrong. It is done simply to acquire the property through the proper legal channels.

Can I stop the government from taking my property?
In some situations, a landowner may be able to stop the government from taking property, but it will be necessary to prove that it does not meet the requirements for public necessity or public purpose. Hiring an attorney at this point is highly recommended, as you will face court proceedings to prove the government is in the wrong.

What compensation may I be entitled to?
Even if the government has the right to take your property under Nebraska eminent domain laws, you are entitled to a fair amount of money not only for the value of the land but for any economic losses you may experience by losing the land. Determining the right amount of compensation can be difficult, particularly when condemnation proceedings take a portion of your land, split it in half, affect crops or cattle or have an impact on land access. All of these factors will need to be taken into account when determining a "just" amount.

If you still have questions or are interested in a free case review, contact DominaLaw Group today.