By Marc Empey
When expansion occurs in cities, governments must have the ability to use private land. Without this ability, the government would be unable to provide for society’s needs. This right to procure the land is referred to as eminent domain. This right comes from the constitutions of both state and federal law. Adequate compensation must be given to the owner of the property used.
Government Rights Regarding Eminent Domain
The government can use private land without the owners’ consent, as long as the owner receives fair compensation for the land. If the owner of the property chooses to argue the government’s right to obtain the land, constitutional law may be used.
These cases are extremely rare and usually fail. The argument is usually about how much money the property owner will receive and not the government’s right to use the land. For the property owners’ protection, an attorney may be obtained. The Coachella Valley real estate attorney is an excellent choice due to their experience in this area.
How Governments Secure Private Property
When a government begins to implement their plans for expansion or improvement, they figure out which areas of land in the area will be affected. Once this is decided, the government will then figure out what the correct and fair price for this land should be.
Speaking with a team of skilled appraisers does this. This is when the government will offer what they have determined is a fair price to the affected landowners. If an agreement is reached, the government purchases the land.
Condemnation proceedings come into play when an agreement on price cannot be reached between the parties involved. During these proceedings, emphasis is placed on the properties size, zoning conditions, roadways, the usage of the land, accessibility, adjacent businesses, any applicable tenants and buildings located on the property. By taking into consideration all of these aspects, a property value can be settled on.