Ohio property owners might believe the laws for eminent domain are unfair. However, once the decision is made for a federal, state or local agency to take over a person’s property through the process and the objections have been lodged and denied, it is important to remember the owner and others still have certain rights.
For those who are obligated to vacate the property, it is important to be fully aware of their ability to recover compensation for the costs of relocation. To keep from being taken advantage of after eminent domain and get the maximum to relocate, it is important to have professional assistance.
Who can receive relocation costs and how much will it be?
Once the appropriation of the property under eminent domain is taking place, an owner, a tenant—commercial or residential—can receive payment for moving costs and other expenses.
They can ask for compensation for reasonable expenses related to the move. That involves their family, a business, a farm operation or other types of personal property. They can receive payment for direct losses of tangible personal property due to moving it or the discontinuation of a business. It is vital to remember that the agency will determine the reasonable expenses, so this could be a topic for disagreement as to its value.
The business or farm would also need to find a new location. The agency that is exercising eminent domain would need to pay those expenses. It cannot exceed $2,500. To reestablish a farm, nonprofit or small business that was moved, these reasonable expenses would also need to be paid by the agency. The maximum is $25,000.
Professional representation can be key to maximizing relocation costs
There may be a disparity between what the relocating party says it costs and what the agency claims it should cost. This can be a topic for discord and those involved may require legal guidance to try and maximize what the relocating party will get.
To ensure the person receives a reasonable amount when relocating, it is important to be protected by legal professionals who are experienced in all areas of eminent domain law. Calling for help as soon as the eminent domain process gets underway is a good idea to be fully prepared.