Government entities and public utility companies are given significant leeway to lay claims upon private property in order to complete major projects of public interest. While this may be a necessary part of improving our communities, it does put Oklahoma landowners at risk of losing great value in the property they worked so hard to acquire and care for.
In the first part of our two-part series on condemnation, we provided an overview of the Oklahoma condemnation process and the rights of the people. We want to expand on this to help the people of Oklahoma know that they do have options to fight back and either protect their land or get the just compensation they are owed under the law.
Proving the Condemnation of Your Land Isn’t Necessary
One of the most effective ways to fight back against a condemnation claim is by challenging the “necessity” of the land acquisition. In Oklahoma, the entity pursuing your land must prove that taking your property is necessary for their project to proceed. However, this isn’t always as straightforward as they might want you to believe.
A thorough review of the project documents and guidelines can often reveal alternative approaches that do not require taking your land. It might be possible to show that only a small part of the project encroaches on your property and that a minor adjustment to the plan could entirely avoid the need for condemnation. While it’s not your responsibility to assist the entity in finding alternatives, you can certainly argue that their current plan is unnecessarily burdensome to you.
Entities pursuing condemnation tend to be persistent, but persistence doesn’t equate to inevitability. Just because a government or utility company says your land is needed, doesn’t mean it’s true. With the right legal strategy and partnership, you can demonstrate that the condemnation of your property isn’t necessary, forcing the entity to reconsider or even abandon its claim.
Getting Just Compensation for Your Property
If challenging the necessity of the condemnation isn’t viable or doesn’t stop the process, the next step is ensuring you receive just compensation for your property. Oklahoma law requires that property owners receive fair market value for any land taken through condemnation. However, the initial offer made by the condemning entity is often lower than what your property is truly worth.
You are owed “just compensation” in any Oklahoma condemnation case. Any entity that attempts to subvert this requirement and lowball you for a piece of your property should immediately be met with strong pushback.
It’s important to do your own research and obtain your own valuations for your property to ensure you aren’t facing unjust financial losses due to the condemnation of your land. This may not save your property from the process, but you will at least be compensated at the full amount you are owed, protecting your property value and retaining financial stability.
Your financial compensation isn’t exclusively linked to the value of your property either–you may be owed additional compensation for how the project in question will impact the part of your property that isn’t subject to condemnation. For example, your remaining property value may significantly suffer from this project, especially if there is dangerous construction being placed within or along your property’s boundary. This additional compensation should be considered before moving forward with any agreement in a condemnation matter in Oklahoma.
Protect Your Property with HB Law Partners
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.
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