Your Property Rights Under The Law

Both the state and federal governments have the power to seize privately owned real estate in Ohio to use for a public purpose. Property owners have rights when it comes to eminent domain actions. Located in Maumee, Barkan & Robon Ltd. is one of the most established civil litigation law firms in Ohio. Its attorneys have represented property owners in hundreds of eminent domain cases since the firm's founding in 1964.

Your Property Rights Under The Law

Most people have heard of eminent domain, but they may not realize that the government's eminent domain power is not unlimited. There is a strict process government agencies must follow when invoking eminent domain, and failure to adhere to the rules is grounds for the property owner to challenge the seizure in court.

Here are the three most important rights that Barkan & Robon Ltd. fights to uphold on behalf of their clients:

  1. Right to proper notice. The government must notify the owner of a piece of real estate of its intention to seize the property. The notice must describe the property in question, the government's proposed use for it and a purchase price offer. Improper notice may lead to the action being dismissed.
  2. Right to a hearing. Owners are entitled to compensation based on the fair market value of the property. If the government's offer falls short, the owner may make a counteroffer. The Ohio Constitution gives property owners the right to a jury trial if they cannot reach an agreement with the government on the purchase price. This is called an appropriate action. The owner can be represented by a lawyer during the proceedings.
  3. Right to try to stop the taking. Owners may file for an injunction against the government's taking of their property. However, if the court denies the injunction, the owner may be required to pay court costs if the grounds behind the injunction are not well-founded.

To make sure their clients' property rights are respected, the attorneys of Barkan & Robon Ltd. obtain an accurate valuation of the property in question, and use the law to reach full and fair compensation. To schedule an appointment with an eminent domain lawyer, please contact Barkan & Robon Ltd. at 567-302-0763, or email the firm. The firm has offices in Maumee and Oregon, Ohio, and accepts eminent domain cases nationwide.