No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Fifth Amendment of the U.S. Constitution
The taking of real real estate for public purposes, is just another form of government taxation and is to be fought as intensely as one would fight an unlawful property tax assessment.
The condemnation process can be confusing because most property owners, and even knowledgeable real estate lawyers, are unfamiliar with the condemnation process, property owner’s rights or how the government values property.
Prior to filing suit, the government enjoys a strong negotiating position and generally is inflexible in its position. The courtroom, however, provides a level playing field when it comes to condemnation, because the law places the government and the property owner on equal footing in arguing compensation or the legality of the government’s actions. The courtroom allows the owner to make their strongest argument regarding compensation. The judge often can also provide invaluable assistance in determining a fair price for your property.
Types of Condemnation