What is “Quick Taking?
Quick taking statutes, which have been adopted by many states and the federal government, give a condemning authority the right to immediately take possession of property once a judgment is granted in its favor. How Does a Quick Take Eminent Domain Proceeding Work? Generally, a quick take proceeding begins when the party seeking to take your property files a declaration of taking. The declaration will explain that your property is being taken or has been taken for the use of the condemning authority. The condemning authority will also deposit with the court an amount of money that it feels is just compensation for the property. A hearing will take place if you believe the amount being offered for your property is insufficient. Are Quick Take Proceedings Biased against Property Owners? Quick take proceedings generally favor the condemning authority. Because of that bias, most quick take statutes are geared towards protecting the interests of property owners. The condemning authority wil
