West Virginia Compliant for Eminent Domain Dilapidated Property
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How to fill out West Virginia Compliant For Eminent Domain Dilapidated Property?
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FAQ
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.
The eminent domain power is subjected to certain constitutional limits such as: The property acquired must be taken for a public use; The state must pay just compensation in exchange for the property; No person must be deprived of his/her property without due process of law.
If the government seeks to take your property, there are potential defenses an eminent domain attorney may employ to challenge the taking.The government lacks the authority to condemn your property. The government lacks a sufficient public purpose for condemnation.
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).
The eminent domain power is subjected to certain constitutional limits such as: The property acquired must be taken for a public use; The state must pay just compensation in exchange for the property; No person must be deprived of his/her property without due process of law.
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.
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 order to exercise the power of eminent domain, government agencies are required by the Fifth Amendment to the U.S. Constitution to pay just compensation to the affected property owners.Since the law requires the payment of just compensation, one would expect the government to pay it without putting up a fight.