Condemnation is a legal process where a government entity or public utility company attempts to claim land from a landowner for public use. This starts with the entity asserting eminent domain over the property to initiate the condemnation process. For many Oklahoma landowners, this can be a shocking and unsettling experience. However, it’s important to remember that there is value owed to you in this process—and you don’t just have to forfeit your property without a chance to fight back. Understanding your rights and the procedures involved can help you navigate this challenging situation more effectively.
“What Right Does the Government or Public Utility Have to My Land?”
The condemnation process exists to serve the public interest, providing land for projects like roads, schools, and utilities. While these purposes are generally legitimate, the process has been abused by government entities and public utility companies in the past. The law gives these entities pathways to secure the land necessary for true public use and interest, but landowners do have a legal right to fight back.
Both federal, state, and local governments have the authority to claim eminent domain. Public utility companies, such as gas and electric companies, also have this right when easements serve a public utility purpose. This broad scope of eminent domain means landowners must stay vigilant and informed about their rights to ensure they receive fair treatment and compensation.
How Does Eminent Domain and Condemnation Start?
The condemnation process can begin in several ways. It might start with someone coming to your property and trying to negotiate a low-ball price for your land to dodge a more formal condemnation process. Other common methods to starting the Oklahoma condemnation process include receiving letters in the mail or even mere threats of eventual condemnation. These initial contacts are part of the pre-litigation process, aimed at satisfying both parties while preventing Oklahoma landowners from getting full value out of their hard-earned property.
Government and utility companies prefer to avoid landowners contacting an attorney, as this complicates their attempts to secure the land cheaply. Once an attorney is involved, lowball offers and shortcuts typically go out the window. As a landowner, you should never accept the first offer or any offers before consulting with an attorney. It’s critical to not give up your rights or agree to negotiate without legal advice.
Considerations After Receiving a Condemnation Petition in Oklahoma
Once a condemnation petition is filed, three commissioners are assigned to your case. These commissioners inspect your property to determine its value, which must be paid for the property. While this indicates you’re far along the path toward forfeiting your property, you’re not out of options.
You don’t have to accept the commissioners’ determination without question. You can fight to save your property or at least negotiate the most favorable terms possible. This includes seeking additional compensation for any damage to your remaining property caused by the condemnation and construction process. The key is to act promptly and seek legal assistance to ensure your rights are fully protected.
Don’t Go Through an Oklahoma Condemnation Case Without Legal Counsel
If you’ve been contacted about a potential condemnation case in Oklahoma, Don’t let the government or utility companies take advantage of you. Contact HB Law Partners immediately. Our experienced team will help you navigate the condemnation process and fight for the compensation and treatment you deserve.
HB Law Partners
Latest posts by HB Law Partners (see all)
- Oklahoma Condemnation Part 1: Procedures, Rights, and Considerations - August 15, 2024
