Condemnation:Condemnation is the process where the Government takes the private property for public use through the power of eminent domain. The government pays compensation to the owner of the private property. There may be several reasons in which a government takes the private property for public use. The property may be taken for widening the road, to build some project works for public use, etc. Generally the condemnation process can be represented on your own without the representation by a lawyer. If you think that you should get a fair settlement it is important that you need the assistance of a lawyer. A well experienced Condemnation attorney will help you to get a fair settlement and can also assist you to defend such taking of the property by raising objections. Just Compensation:Just compensation means the highest price got for your property if your property is brought to sale in an open market. That means the Government will give you compensation for the property on the basis of the open market rate. Procedure for Condemnation:Before the government acquires the property, the government sends a notice to the owner of the private property and states the reason for acquiring such property. You can raise your objections for such taking of the property. If your objections are not considered by the government, you can file your objections for such condemnation in the court. The court shall hear both the sides, and if the acquiring of the land is not for public use, it will stay further proceedings of the government. If the court is satisfied that the condemnation is for public use, the government takes your land and can award compensation for your property. Inadequate compensation:If you feel that the amount of compensation is not adequate, you can resist the condemnation of your property stating the market price of the property and ask the court to determine the value of the property. The condemnation agency will be required to deposit the value of the property in the court what it considers to be just compensation. The court will always consider the best value of the property and shall determine the compensation. |
