Eminent Domain

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Eminent Domain

What to know.

Are you being forced to give up ownership of your home, investment property, or business because the government is taking it for a public use? Are you a commercial tenant who has been told that you are not entitled to be paid for the improvements you made to your leased premises, including items like equipment, appliances, machines or tools that you use in your trade (a/k/a trade fixtures)?

Eminent domain (also known as Condemnation) can happen to almost any property owner or business tenant. Forced takings of property for public use are not an uncommon occurrence and can leave property owners and businesses with uncertain futures.

If you have been given notice that your property will be, or already has been, taken by eminent domain; or a notice that you will be forcibly evicted under the eminent domain laws unless you surrender possession of your premises, then it is important that you immediately contact an attorney who will aggressively fight for your rights and ensure that you receive the maximum compensation to which you are legally entitled.

Condemnation via Eminent Domain

Condemnation is the formal act of the exercise of the power of eminent domain to transfer title to the property from its private owner to the government. The use of the word “condemnation” in eminent domain actions should not be confused with its alternate use (i.e., condemned), in the sense that a property is uninhabitable.

Has your property been condemned?

A property can be condemned via eminent domain by the government so long as it is taken for a public use. If your property or land has been appropriated by eminent domain, you will eventually be required to surrender possession of the premises.

Although New York’s eminent domain laws require the condemning authority to appraise your property and offer to purchase it from you before the taking, you have the right to refuse such an offer if you believe it is too low. In such an event, the condemning authority will proceed with the taking and is obligated to make you an offer of “just compensation” within a reasonably short time after you have been forcibly stripped of your ownership rights. Many times, these post-taking offers are still unfavorable. If you believe that you have been offered less than just compensation, then it is important for you to speak with a New York eminent domain attorney.

If your property has been condemned via eminent domain, you still have rights that are protected under the United States Constitution and New York eminent domain laws. By working with the Law Offices of Philip A. Sanchez, PLLC you can rest assured that your rights will be protected to the fullest extent of the law.

The law entitles you to just compensation for the seizure of your property via eminent domain. The Government will do all that it can to ensure that you receive the lowest amount of just compensation possible, and may take steps to prematurely evict you from your premises.

If you have been notified that your property has or will be taken by eminent domain, contact our firm today. We will protect your legal rights and guide you through the difficult and confusing process of eminent domain.

Eminent domain is the power that allows the government to take or condemn private property for public use. This can be anything from building a bridge or expanding a road to building a school or alleviating urban blight. When a governmental agency informs you that it will be acquiring your property for public use, we can help you with this legally complex process.

By working with the dedicated New York eminent domain lawyers from Law Offices of Philip A. Sanchez, PLLC you can defend your rights and ensure that you receive the highest amount of just compensation to which you are legally entitled.

How does the eminent domain process work?
If your land has been deemed suitable for public use, there may be a few steps that will begin shortly after the agency voices interest in your property. An appraiser should inspect your land and estimate the value of your property. This type of appraisal is called a pre-vesting appraisal, and should technically be the same as the fair market value of your real property based upon a “highest and best use” analysis. Oftentimes, however, the Condemnor’s appraisal is significantly lower than what seems reasonable and just. You will need the assistance of our experienced eminent domain attorneys to help you achieve just compensation. We can help you file a claim for additional compensation. It is not wrong to contest or object to an initial compensation offer – you are simply exercising your statutory and Fifth Amendment rights.

Defending Yourself Against Abuse
You do not have to settle for the initial offer that is presented to you in an eminent domain proceeding. Although the government does have the sovereign power to condemn property for public use, you can fight back. Abuse of power in eminent domain proceedings is all too common in New York. By working with the Law Offices of Philip A. Sanchez, PLLC you can rest assured that you will be hiring legal counsel who will aggressively fight for your rights.

If you know that your property may be condemned or you have already been approached by a condemning agency, then it is imperative that you call our attorneys to protect your rights today.

Receive Just Compensation

Received a Notice of Condemnation?

Frequently Asked Questions

Find Answers Here.

Do you have a question regarding your rights when it comes to eminent domain? The Law Offices of Philip A. Sanchez, PLLC may be able to help you. If you do not find the answer to the question you are looking for here, contact our firm to speak with an attorney.

Can I stop them from taking my property?
Technically, maybe-but it is not that easy. An eminent domain process can only be stopped if it is found that the property does not meet the criteria for the proposed public use or that the condemning authority did not follow proper procedure. An attorney may be able to help you determine what actions, if any, may be taken to help defend your property.

Can I receive more money than what is being offered?
It depends. Oftentimes the government's appraiser will use comparable sales that are valued much lower than what is appropriate for your property, making those sales potentially non-comparable. In other cases, when determining value of real property in eminent domain cases, zoning and other land-use regulations are considered; however, if it appears that there is a reasonable probability of a zone change to a higher use, then that evidence may entitle a property owner to an additional increment of value (colloquially referred to as a “zoning bonus”). A zoning bonus is the extra amount, over and above the value under current zoning, that the market would pay for the probability of rezoning.

Similarly, commercial business tenants of properties taken via eminent domain are entitled to just compensation for their eligible trade fixtures. Trade fixtures are usually machines, equipment, and/or tools that your business regularly uses in its trade. Trade fixtures can also include certain improvements that a business owner has made to the leased premises, subject to the terms of the lease agreement. Trade fixtures are valued on a per item cost of “reproduction less depreciation.”

Studies in several parts of the country, including New York, have demonstrated that condemning agencies frequently under-compensate property owners, and that those owners who reject the government’s pre-litigation offers and go to court tend to recover substantially higher awards.

Will I receive money even if I don’t want to sell?
Condemnation is a “forced sale” to the government. Even if you do not wish to willingly sell your property to the government, you are entitled to receive just compensation for your loss once it has been taken by eminent domain. However, in most cases, the government makes a grossly inadequate offer of compensation to the owner of private property at the beginning of the process. In some cases, the government makes no offer of compensation at all, despite the laws that require them to do so. Although the law technically protects you against the government’s abuse of its eminent domain powers, the unfortunate reality is that the government will often take advantage of those property owners who are not represented by knowledgeable eminent domain attorneys.

I have been under the threat of Condemnation for several years, but there has been no movement on my case; can I receive compensation?
In New York, many property owners are notified that their property will be taken by eminent domain, yet years go by and nothing happens. This type of scenario is commonly referred to as a “cloud of condemnation,” and can substantially diminish the value of your property, since many potential buyers will be hesitant to purchase a property that will soon be condemned by the government. If you are under such a “cloud of condemnation,” you will need the assistance of a competent attorney who may be able to help you prove that the government’s action (or inaction) has prevented you from deriving a beneficial use from your property, thereby resulting in a de facto eminent domain taking of your property. Since de facto takings can be time barred, if you believe that you have been indirectly subjected to eminent domain it is imperative for you to contact an attorney right away.

Should I hire an attorney?
Yes. You should never assume that the government will act in good faith and that things will play out according to plan. Hiring a lawyer can only work to your advantage, especially when you hire one of our experienced eminent domain lawyers at The Law Offices of Philip A. Sanchez, PLLC, who will work to protect your rights.

As daunting as this time may be, it is important that you defend your property and do not allow pushy governmental agencies to try and trap you into accepting an unfavorable offer of just compensation.