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Eminent domain claim: Can there be a challenge to it?

On Behalf of | Jun 16, 2021 | Real Estate Transactions |

Residents of Charleroi and other areas of Pennsylvania may want to learn more what to do when the government wants your land. It could be for an airport or other project, but your house is in the way. Be prepared because the government will probably get your land as long as it is for a legitimate purpose.

What is eminent domain?

This empowers the government, whether federal, state or local, to take needed property for public use. However, according to the Constitution of the United States, the government must pay just compensation. Because of this, property owners are better off trying to get a fair price rather than trying to fight the sale.

With an eminent domain sale, the government will send an appraiser to appraise the property. You will get a copy of the appraisal.

You can negotiate a better price

If the government needs other homes nearby, you may be able to increase the initial amount after learning about other offers. When you have agreed on a price with the government, you may have to sign a waiver saying that you won’t change the agreed-on price even if a neighbor received more.

What if you can’t agree on a price?

A condemnation proceeding may follow where you contest the sale or present a counter offer to the government. You may be able to prove that the government does not need your land as initial estimates were not correct, or you may say that the appraisal was incorrect.

If you need legal help with an eminent domain situation or any other real estate law issue, it may be wise to consult a professional attorney for assistance and advice. An attorney may represent you during negotiations to get the best possible price for your land.

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