Utah Complaint for Eminent Domain
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How to fill out Utah Complaint For Eminent Domain?
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FAQ
The true and original purpose of the law of eminent domain is to provide property which is necessary to complete a project that is for public use. This may include highways, parks, and buildings for public purpose.In essence, these projects should enhance the growth of the local area and may even extend further.
Assuming you decline, the government will file an action in court to seize your property through eminent domain. Then, the court schedules an Order of Taking. This is a court hearing in which the government argues that it attempted to purchase your land for a fair price and is justified in seizing it for public use.
Eminent domain refers to the power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
Under Eminent Domain law, the government can take private property for public use but must provide landowners with just compensation.Further, if the government leaves out certain property or fails to provide select landowners with just compensation, landowners can sue the government under Inverse Condemnation.
In most cases, it is not possible to refuse an eminent domain action. The power of eminent domain is a legal right of the government.However, you can oppose the government's requests if they are not acting justly, and can refuse their compensation offers to ensure you receive a fair sum.
You can negotiate on your own, but, depending on your knowledge of eminent domain, you might be better off having an attorneyand getting that attorney at the beginning this complicated process.
The condemnation of your properties for the erection of a business and technology park whose owners are private parties does not serve the public good and are therefore an abuse of the eminent domain authority.
Just compensation in a total taking scenario is simply the value of your entire property. Just compensation in a partial taking scenario can be viewed in terms of difference of your property's value before the taking (before value) less what it is worth after the taking (after value).