The Fifth Amendment allows the government to take property for public purposes. This law is called Eminent Domain. This is all legal per the Constitution of the United States of America. The reason that the government might need to take over property is to provide for electrical lines, sewers and streets. When they want to take over a property, they must offer the owner a just compensation.
What is Just Compensation in Eminent Domain?
Just Compensation is how much the property would have sold for on the market. It is what a person might pay for the property. This process of figuring out the compensation can become difficult, especially in the case of a temporary construction easement.
What is a Temporary Construction Easement?
With temporary construction easements, the government only uses the property temporarily. It is then returned to the owner. The owner can receive an amount by one of two different ways. The government can set a rent value for the time period or the owner can receive a percentage of the value of the property times the amount of time that the property will be used for.
How to Deal with Eminent Domain Law?
It is important to have legal help when dealing with Eminent Domain law and how much the government should pay for the property. A lawyer that is experienced with the Eminent Domain law will be able to work out a price that is right. As one can see, it can be quite difficult to determine the amount that will be fair. That is why a Palm Springs land use and zoning attorney is needed to represent the property owner to discover a price that will work for them.
