In eminent domain, also referred to as condemnation, the property owner is entitled to "just compensation". Just compensation is required payment under the Missouri and Federal constitution. Just compensation is intended to fully indemnify the property owner in money for what he or she has lost in property. When only part of the property is taken, the property owner is entitled to the value of the property taken as well as damages to the remaining property.
Protection of the property owner is the primary concern of the lawyers at Denlow & Henry. Call or e-mail us today.
In valuing property, there are a number of considerations:
- How do you maximize value? There are many legal principles and factors unique in condemnation which affect value. Whether the issue is the property's highest and best use or the admissibility of various valuation techniques, we know how to apply the condemnation law to the property owner's advantage.
- Under what circumstances are business damages recoverable?
- Under what circumstances can you be compensated for damages caused during construction of the public project?
- In a partial taking, when is compensation for damages to the remaining property legally allowed?
- In a partial taking, when can the government claim a setoff of damages by arguing the public project is going to increase the value of the remaining property?
- What role does contamination play in eminent domain? Under what circumstances is it excluded from consideration?
- Is the property designed for a special use, giving rise to unique valuation techniques?
- How are fixtures treated in condemnation?
- Who determines the compensation?
- What is the time frame in receiving the compensation in hand?
- How do I secure maximum compensation and benefits for relocation?
- How do tenants obtain compensation and how is that measured?
Experience and Resources to Maximize Compensation
To secure maximum compensation, a property owner is best advised to choose legal counsel whose sole practice is eminent domain. At Denlow & Henry, we are an eminent domain firm with the experience and resources to guide the property owner to a successful result.
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For more information or to schedule an appointment, please contact us.
