When the government needs to acquire private land for public use, it may need to exercise its power of eminent domain. Here, the government can seize an individual’s property against his or her wishes in exchange for just compensation. The caveat is that the taking must be in furtherance of the public good, and the compensation given to the property owner must be just.
If you’re thinking that these terms are a little vague, you’re right. This is why they often serve as the subjects of eminent domain litigation in Ohio and across the nation. Many times, what the government considers to be in furtherance of the public good is not in line with the community’s view on the matter. Also, the purpose of the taking must often be evaluated in light of the long-term prospects of its use. Additionally, while just compensation is often interpreted as fair market value, the market value of a piece of land can vary significantly depending on the property’s uses and how a partial taking can affect the value of the property that isn’t being taken.
These matters can be highly contentious. After all, property rights are amongst the strongest in our country. However, government attorneys know eminent domain law very well, which means they know how to craft legal arguments to their advantage. This is why those who are dealing with an eminent domain issue need a strong legal advocate on their side to counter these arguments. At Barkan & Robon, LTD, our team of attorneys has a firm understanding of this area the law, which means we know how to aggressively fight to either prevent a taking or secure compensation that is fair and just.
Dealing with eminent domain can be a nightmare when improperly handled. Fortunately, Ohio residents can turn to skilled legal teams like ours to help them negotiate fair resolutions and, when that is unsuccessful, persuasively litigate their case in court. Those who want to learn more about our firm, what we have to offer and our record of success on these matters can continue to browse our website.
