It is often said that a man’s home is his castle, emphasizing the importance of an individual’s property rights in American society.
However, many people may not realize that there are certain situations in which the government may have the authority to take an individual’s private property and convert it to public use. This is what is known as eminent domain.
Though viewed by many as controversial, taking property by eminent domain is a legal right afforded to the government in limited circumstances.
Thus, when faced with an eminent domain action, it’s important to understand your rights and take action to protect and preserve your interests.
Keep reading to learn more about eminent domain and how eminent domain lawyers in New Jersey can help you fight for your property rights today. If you have questions, please contact us today.
Table of Contents showEminent domain actions can be long and legally complex. When navigating such matters, it’s important to have the right team of legal professionals behind you to best protect your interests. At Weiner Law, we are confident that we have what it takes to be just that team for you.
While there are many firms in New Jersey you can choose from when hiring legal representation for your eminent domain case, here are a few reasons why we think we would be a great fit for the job:
If you have questions about our services and how our New Jersey eminent domain attorneys can help you fight for your property rights, do not hesitate to contact our team and schedule a consultation.
In the meantime, feel free to browse our website and continue reading below to learn more about the intricacies of eminent domain in New Jersey.
Eminent domain refers to the government’s right and power to take private property for public use. This power is set forth in the Fifth Amendment of the United States Constitution.
Notably, however, the Fifth Amendment specifies that the government may not assert its power of eminent domain without just compensation. This means that the government must provide fair market value as just compensation to the owner of the property it is taking.
The State of New Jersey also enacted the Eminent Domain Act of 1971, which sets forth the specific rules, requirements, and procedures for state and local government agencies with respect to eminent domain actions in the state.
It’s important to remember that the government cannot seek to exercise its eminent domain rights and take your property for just any reason. Rather, it may only condemn private land by eminent domain where there is a valid public use or purpose for the taking.
Below are some examples of public uses for which the government may take private land:
While these are not the only possible examples, the government must be able to support its claim that its proposed taking of private property is, in fact, for a valid public purpose.
The New Jersey eminent domain process typically involves the following steps:
If you have questions about the legal process, consider speaking with a qualified eminent domain attorney to discuss your rights and options today.
Eminent domain is a specialized area of law. Thus, having an experienced attorney can provide significant value to your case. For example, an attorney can help you:
In short, an experienced eminent domain attorney can reduce your stress while fighting zealously to protect and preserve your property rights.
When you’re ready to discuss your case, the New Jersey eminent domain attorneys are here to help. With decades of experience going to bat for our clients at the federal, state, and local levels, you can feel confident knowing that we have the tools, resources, and expertise necessary to represent your legal interests.
Give us a call or contact us online to schedule a consultation and see how our team can help you move forward today.
Even when facing an eminent domain action by the government, it’s important to remember that property owners do still retain certain rights and protections. Thus, while doing so is not always simple or guaranteed to succeed, there are ways to challenge an eminent domain action to stop the government from taking your property under certain circumstances.
No, you do not need to hire an attorney to challenge a taking of your property by eminent domain. Nevertheless, an experienced eminent domain attorney can provide several key benefits as you move through the process. Ultimately, whether you should hire legal counsel for your particular case will depend on various factors such as the complexity of your situation, your familiarity with local eminent domain rules and regulations, and your willingness to navigate what can often be a complicated legal process on your own.
Yes, property owners do not have to accept any offer of compensation made by the government in connection with the taking of property through eminent domain. If you disagree with the government’s offer, you have the right to challenge the offer and seek just compensation for the proposed taking. An experienced eminent domain lawyer can help you gather evidence to support your challenge and negotiate a fair amount of compensation.