Wrongful Taking of Property by the Government                                

 

Modern day takings jurisprudence recognizes an unconditional right to compensation pursuant to the Fifth Amendment when the government: (i) directly appropriates private property, (ii) physically occupies private property, and (iii) imposes a regulatory constraint on the use of property so severe as to deprive an owner of all economically beneficial use.

 

The Takings clause is located within the Fifth Amendment of the United States Constitution, and allows certain government takings, such as by the process of eminent domain where governmental entities take the property of landowners for public purposes, but the Fifth Amendment mandates that the government pay fair market value for what they take and compensation for any damage caused to the remaining property.

 

Eminent domain laws within each state also specify strict requirements for the government to prove the necessity of the taking, pay relocation costs, etc. When the government attempts to take private property for public use, the resulting litigation is normally a debate over the subsequent damage offer. You do have the right to challenge the government’s takings and its monetary offer.

 

If a government taking of your property is about to occur or has already occurred, please call our office today at (212) 481-1336, toll-free at (866) 204-1020 or contact us by email at info@holmanlawoffice.com.