Defending Your Home from the Unexpected

The good news is that your community is finally going to have a new school. The bad news is that it’s slated for your land. Or maybe you’ve received a notice that someone has filed a lien (a what!) on your home and may ask a court to foreclose. Or you’re about to sell your property and you can’t - because the government’s filed a lien on account of taxes that the previous owner didn’t pay.

Here’s a quick guide to the legal principles involved. {For specific questions the lawyers at Burns & Associates are available. [1-(732) 596-1999]}

Eminent Domain

Since ancient times, governments have had the right to obtain private property for governmental purposes. This power, called “eminent domain,” is practically universal. But in the United States this power is limited by the Bill of Rights, which grants people the right to due process of law and just compensation if they’re deprived of their property. With your lawyer’s help, you’ll be able to see that your rights are fully protected.

The federal government and individual states may delegate their condemnation power to municipalities, highway authorities, forest preserve districts, public utilities, and others. This means these authorities have a legal right to condemn your property for public purposes, requiring you to sell it to make room for a new freeway or an expanded park playground.

If the government wants your land, you may hear about it informally at a public hearing on the matter. Chances are you and your neighbors won’t be happy about it. You should consult your lawyer as soon as possible. One approach your lawyer may recommend is to work with neighbors to convince authorities to change the plans–perhaps making the new road narrower so it doesn’t take people’s front yards.

Your first official notice will probably be a letter indicating interest in acquiring your property (or a portion of it) for a given purpose. That’s when you and your lawyer will be able to begin to negotiate. The government will probably have your property appraised and make you an offer, called the pro tanto award. You may accept it or refuse it. If you accept it, the government may ask you to sign a document waiving your right to sue for more. Some government agencies offer a bonus to entice people into accepting the pro tanto award, because paying a bonus may be cheaper than going to court.

If you don’t think the offer is high enough, your lawyer can negotiate for more and prepare your case for possible trial. If the case does go to trial, it’s a battle of experts. Each side brings in various expert witnesses to testify to the value of the property, which is ultimately set by the jury.