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Is eminent domain an eminent challenge to your property rights?

While the thought may seem impossible, there are certain situations in which the government can come in and take your Utah property. It's called eminent domain, and it could be an eminent threat to what you believe are your rights to your property. When eminent domain is an issue, you do have grounds to challenge the efforts of the government, but you would be wise to seek help to do so. 

Eminent domain comes into play when the government needs to take property for expansion, infrastructure needs or public use. The government does have the right to practice eminent domain per federal and state laws, but you have rights as well. In order to confiscate privately owned property, the government must pay fair compensation to the owner.

What to expect from the eminent domain process

The actual process by which the government takes property is condemnation. If you have received notice that plans for expansion and improvement will require the confiscation of land that you currently own, it can be helpful to understand how this process works. You may expect to experience the following steps:

  • The government uses its own appraisers to determine a fair value for the property in question.
  • After the government decides on a fair value for the property, representatives may then make an offer to the landowner. The landowner may choose to accept it.
  • If the landowner does not agree with the price offered, he or she may dispute it. The matter will then proceed to condemnation hearings.
  • During condemnation proceedings, the owner can present his or her own value for the property based on an independent appraisal.

Throughout the entire legal process, it is beneficial for the property owner to work closely with an experienced legal professional in order to ensure the full protection of his or her rights.

Protecting your interests

Eminent domain is a complex legal concept, and it can be difficult for the property owner to determine how to proceed. From dealing with government representatives to pursuing a fair value for the property in question, you do not have to navigate it alone.

As a property owner, you have the right to know your options and how to fight back against unfair procedures when appropriate. You are entitled to work against unfair intrusion from the government and to fight for the protection of your interests.

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