Assert Your Property Rights When Eminent Domain Becomes A Threat
Through a government action known as eminent domain, property owners may be compelled to relinquish part or all of a piece of land for purposes such as:
- Airport, rail or roadway construction
- Public utility installations or expansion
- Construction of bridges, dams or other water features
- School construction
- Military use
- Redevelopment deemed to be in the public interest
James Dodge Russell & Stephens, P.C., in Salt Lake City, UT has represented parties on both sides of eminent domain disputes, including:
- Property owners fighting seizure of open land or developed properties
- Property owners subject to eminent domain seeking fair compensation
- Developers, such as oil companies, seeking to assume land for development through government action on their behalf
We have experience advocating for property owners whose property is being taken through eminent domain proceedings. Whatever your role in an eminent domain case and whatever your objectives are, our team at James Dodge Russell & Stephens offers guidance and solutions. Our collaborative approach means that our team of attorneys will be able to address any angle of your case.
Frequently Asked Questions About Eminent Domain
If you are a property owner, you may have questions about the government’s right to take your property under eminent domain. Our attorneys can help educate you on your rights.
How is compensation determined for property taken under eminent domain in Utah?
When private property in Utah is taken by the government for public use, such as building roads, schools or utility lines, the property owner is entitled to compensation. This compensation must be based on the property’s fair market value at the time the property is taken, which means the price of the property the owner would get if it were sold on the open market.
In some cases, the government will take only a portion of the land, making the remaining land less valuable. When this happens, the property owner may be entitled to additional compensation for the loss of value. Business owners may also receive compensation to relocate if the land is acquired by the government.
Can I challenge an eminent domain action in Utah?
Yes. Property owners in Utah may challenge the government’s right to take property or the amount of compensation given to the owner. When challenging the government’s right to take the property, the owner may need to argue that either the government lacks authority to take the property or that there is no plan for public use of the property. Our attorneys at James Dodge Russell & Stephens, P.C., can help property owners challenge eminent domain.
What happens if I disagree with the appraisal of my property?
The appraisal for a property may be lower than what the property owner expects. The property owner may challenge the appraisal and receive their own appraisal from a licensed professional. An independent appraisal could be used in court to negotiate better compensation for the land. Our attorneys can represent property owners in court to help them receive the fair market value of their land.
What happens if I refuse to sell my property?
If an owner refuses to sell their property, the government may take legal action to acquire the land involuntarily through condemnation. If this happens, the property owner may attempt to challenge the condemnation. Typically, this means disputing the use of the land after the government acquires it. However, a property owner may only have the option to fight for fair compensation for their property.
Engaged In A Property Dispute Involving Eminent Domain? Lawyers At Our Salt Lake City, UT Firm Can Represent Your Interests.
Discuss your eminent domain challenge and learn how our advocacy can benefit you. Call 801-363-6363 or send an email to James Dodge Russell & Stephens, P.C., to schedule a consultation with a Utah property attorney.