Eminent Domain And Condemnation: What You Need To Know
Eminent domain and condemnation are often confused, but they refer to distinct aspects of the same legal process. Eminent domain is the inherent power of the government or other entity to take private property for public use, provided that just compensation is paid to the property owner. Condemnation, on the other hand, is the legal process through which the entity exercises its power of eminent domain.
At HPS Law Firm, we have extensive experience representing landowners in South Dakota and defending their rights in cases involving eminent domain and condemnation. Our record speaks for itself, and we have represented clients against pipelines such as TransCanada, Keystone and Dakota Access up to and through trial, and we have also worked on other cases representing people against the Summit Carbon pipeline.
What Is The Process Of Eminent Domain?
When the process of eminent domain starts, the following stages are involved:
- Entity identifies a public need
- Appraisal
- Negotiation attempts/offers
- Acceptance or rejection
- Condemnation proceedings
- Court hearing
- Jury trial
- Just compensation
- Possession
At HPS Law Firm, our attorneys are superbly versed in handling each stage of the eminent domain process with precision and dedication. From the initial identification of a public need to the final determination of just compensation, our attorneys provide comprehensive representation to ensure that our client’s rights are upheld every step of the way. With a deep understanding of both the legal complexities and the practical implications of eminent domain cases, we diligently work to achieve the best possible outcomes for our clients.
Can One Challenge Condemnation?
Challenging condemnation is a complex process and requires competent legal representation to help understand the intricacies of property law and procedural requirements. Our attorneys at HPS Law Firm can provide invaluable guidance and advocacy to landowners throughout the condemnation process.
Get Help With Your Case Today
If you are facing the prospect of eminent domain or condemnation affecting your property rights, don’t struggle through this complex legal process alone. Contact us today at 605-252-9277 or by email to schedule a consultation and discuss your case in detail.