As a property owner, it is important to understand the government’s power over that property and your legal rights as an owner. Eminent domain, often called condemnation, is generally identified as the power of the Commonwealth of Kentucky to take private property for a public use without the owner’s consent, conditioned upon the payment of just compensation.
Eminent domain actions revolve around two separate topics. One is the right of the Commonwealth to take the property in question, as the taking has to be proven to be for a public purpose. The second issue is the determination of the fair compensation for the property.
In general, it is very difficult to defeat the right of the Commonwealth to condemn private property. Therefore, the primary legal battle typically pertains to the determination of fair compensation. By rule, the government will first approach a property owner and propose a price that they will pay for the real estate to be acquired. If the property owner deems that sum unacceptable, it is beneficial to seek legal counsel.
If you ever find yourself in this situation, the team at SBWP is ready to help. The attorneys at SBWP have been representing property owners facing condemnation since the formation of the firm in the early 1970’s.
The legal mechanism utilized in eminent domain is a complex and unique statutory framework. Our firm recommends that legal counsel be consulted as soon as you become aware that the Commonwealth is going forward with eminent domain.