Establishing Uncomplicated Plans For Natural Resources Attorney Reno - 0 views

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  #1 Cicero Dougherty on 23 May 12

   

  Eminent domain in any state can be a useful device. Without it, we probably wouldn't have post offices, courthouses, jails, police stations, fire stations, highways, city streets, running water, electricity, and many of the other amenities we take for granted every day. And we, as Americans, are lucky that we are paid for the land that is taken from us. In many other countries that luxury is not afforded to property owners.
  
  When you take action through inverse condemnation, it is important to be represented by a lawyer who is experienced in eminent domain. In a few states, statutes allow you to recover costs incurred by hiring experts to help with your case, if you are successful in pursuing your claim to the level that is required by the state in which you live. These expenses can include deposition costs, litigation costs, appraisal costs and attorney's fees. So if you have a claim, one thing you need to evaluate - and this should probably be done with a lawyer - is your ability to recover costs and attorney fees in the jurisdiction where you are located.
  
  How can you tell if your properties should be valued together? Those that make the rules (courts) have established three criteria that must be met in order to value the properties together (and then receive additional damages for the loss in value to the parcel as a whole): unity of title, unity of use, and contiguity.
  
  So, for example, this Seattle farmer having his property taken by eminent domain would have to show that his properties have unity of title. What this means is that the owners of the 40 acre tract are the same as the 160 acre tract. And this means exactly the same. So, for example, if Seattle farmer had one tract in his name alone and the other in his and his wife's name, unity of title would be broken and it would be impossible to value them together.
  
  Before I get started, though, I want to point out that this article is not legal advice and should not be used as such. If your property is being taken by eminent domain, I would recommend, before getting an appraisal on your property (which can actually work against you without the right instruction), contacting an experience eminent domain attorney. They will be able to not only fairly analyze the government's offer of just compensation but help you get the most money for your property. Please contact a condemnation attorney today if your property is being taken by the government.
  
  So does that mean you are left without a remedy? Absolutely not. Every state has a provision in their statutes that says you can pursue a claim in inverse condemnation. Under inverse condemnation, the property owner has the right to go to court and explain that the actions of the alleged condemning authority amount to a taking of property. The court will then declare that a taking of property has occurred, giving you the ability to move on to the damages phase of your case where you can pursue a claim for compensation. Simply take a peek at The Facts On Reno Real Estate Attorney for in-depth information.
  
  Some states utilize the administrative claims procedure. If negotiations do not result in the consensual purchase of the property, the condemnor will file a document with the local property recording authority (register of deeds, county recorder or the like). Upon the filing of that document and payment to the property owner, the title of the property will then be passed to the condemnor. Under this scenario, the property owner must file and initiate a separate independent claim (lawsuit) to recover any additional damages. This procedure has strict deadlines. If the property owner does not file a claim within the required deadline, the right to a claim is waived and lost. These deadlines vary from state to state.
  
  Dan Biersdorf, principal attorney at the law firm of Biersdorf & Associates, has been a trial lawyer since 1977 and frequently lecturers on property valuation matters, lobbies for property owner rights, and has achieved the enactment of important new eminent domain legislation in various states. Biersdorf & Associates has presented eminent domain cases in the appellate and state supreme courts across the country, and has attorneys licensed in fifteen states.

   

  <div class="cArrow"> </div><div class="cContentInner">Eminent domain in any state can be a useful device. Without it, we probably wouldn't have post offices, courthouses, jails, police stations, fire stations, highways, city streets, running water, electricity, and many of the other amenities we take for granted every day. And we, as Americans, are lucky that we are paid for the land that is taken from us. In many other countries that luxury is not afforded to property owners.<br /><br />When you take action through inverse condemnation, it is important to be represented by a lawyer who is experienced in eminent domain. In a few states, statutes allow you to recover costs incurred by hiring experts to help with your case, if you are successful in pursuing your claim to the level that is required by the state in which you live. These expenses can include deposition costs, litigation costs, appraisal costs and attorney's fees. So if you have a claim, one thing you need to evaluate - and this should probably be done with a lawyer - is your ability to recover costs and attorney fees in the jurisdiction where you are located.<br /><br />How can you tell if your properties should be valued together? Those that make the rules (courts) have established three criteria that must be met in order to value the properties together (and then receive additional damages for the loss in value to the parcel as a whole): unity of title, unity of use, and contiguity.<br /><br />So, for example, this Seattle farmer having his property taken by eminent domain would have to show that his properties have unity of title. What this means is that the owners of the 40 acre tract are the same as the 160 acre tract. And this means exactly the same. So, for example, if Seattle farmer had one tract in his name alone and the other in his and his wife's name, unity of title would be broken and it would be impossible to value them together.<br /><br />Before I get started, though, I want to point out that this article is not legal advice and should not be used as such. If your property is being taken by eminent domain, I would recommend, before getting an appraisal on your property (which can actually work against you without the right instruction), contacting an experience eminent domain attorney. They will be able to not only fairly analyze the government's offer of just compensation but help you get the most money for your property. Please contact a condemnation attorney today if your property is being taken by the government.<br /><br />So does that mean you are left without a remedy? Absolutely not. Every state has a provision in their statutes that says you can pursue a claim in inverse condemnation. Under inverse condemnation, the property owner has the right to go to court and explain that the actions of the alleged condemning authority amount to a taking of property. The court will then declare that a taking of property has occurred, giving you the ability to move on to the damages phase of your case where you can pursue a claim for compensation. Simply take a peek at <a rel="nofollow" href="http://www.nvlawyers.com/?page_id=58">The Facts On Reno Real Estate Attorney</a> for in-depth information.<br /><br />Some states utilize the administrative claims procedure. If negotiations do not result in the consensual purchase of the property, the condemnor will file a document with the local property recording authority (register of deeds, county recorder or the like). Upon the filing of that document and payment to the property owner, the title of the property will then be passed to the condemnor. Under this scenario, the property owner must file and initiate a separate independent claim (lawsuit) to recover any additional damages. This procedure has strict deadlines. If the property owner does not file a claim within the required deadline, the right to a claim is waived and lost. These deadlines vary from state to state.<br /><br />Dan Biersdorf, principal attorney at the law firm of Biersdorf & Associates, has been a trial lawyer since 1977 and frequently lecturers on property valuation matters, lobbies for property owner rights, and has achieved the enactment of important new eminent domain legislation in various states. Biersdorf & Associates has presented eminent domain cases in the appellate and state supreme courts across the country, and has attorneys licensed in fifteen states.</div>

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