Eminent domain allows government agencies to take private property for public use as long as just compensation is paid. While negotiations can occur after an initial offer, once a lawsuit begins the informal period ends. After a complaint is filed and answered, mandatory settlement conferences are held during the pre-trial stage in an effort to resolve the matter before going to trial over proper compensation, including for partial takings known as severance damages.
2. Eminent domain (also known as condemnation)
is the inherent power of local, state, or federal
government agencies to take a citizens private
property. The government can take the
property without the owners consent so long as
the property will be used for public use and
the owner is paid just compensation.
3. You can negotiate with the Government.
Typically, after the government agency
has given the initial offer, you can try to
negotiate a higher amount directly with the
government official. However, once a complaint
has been filed and a lawsuit has commenced,
the informal negotiation period has ended.
4. An answer to the complaint must be filed within
30 days of the complaint being served. After
the complaint has been answered, yourself or
your attorney will participate in mandatory
settlement conferences during the pre-trial
stage of the lawsuit.
5. The government will often just take a portion of
someones property, in order to
widen a road, for example. If the government
does not take your entire property, it is still
required to pay you just compensation, called
severance damages.