AS A LANDOWNER OR TENANT, WHAT ARE MY RIGHTS?
If your land is condemned (taken for public use), it is your constitutional right to receive “just compensation”. The amount of compensation initially determined to be “just” varies greatly, which is why it is so important to hire the right legal counsel to protect your interests. The State’s power of eminent domain (granted in the Fifth Amendment to the U.S. Constitution) is necessary if we are to have roads, schools, utility plants, etc. However, those sacrificing their property for the public good are also required to be justly and fully compensated for their loss by the provisions of the same Amendment. In any negotiation, your adversary’s purpose is to get the best deal. When the State asserts its right of eminent domain and takes your property, the government becomes your adversary. It is not in the government’s best interest to inform or disclose all that you are entitled to receive, nor is it compelled by law to do so. In fact, they recommend that you seek legal counsel as the
