Eminent Domain Allows Government to Seize Your Land, But Requires Them to Compensate You

By Fredrick P. Niemann, Esq., a NJ Condemnation & Eminent Domain Attorney
One of the more controversial laws in New Jersey is that of eminent domain. Basically, the government is allowed to seize privately owned property without the consent of the owner if the land is being used for government use or public purpose.  Often, this results in people being forced to move from their homes so the government can create roadways, railroads, public utilities, etc. Fortunately, New Jersey law entitles the owner from whom the property is being seized to adequate compensation. One fairly prominent and recent eminent domain case centered around the revitalization of Peer Village in Long Branch, in which the government seized many private homes in order to build a new hub for shopping, restaurants, and condominiums. Eminent domain cases are often litigated by property owners challenging the government’s seizure. These challenges often center around whether the owner of the property was adequately compensated by the government for their property. In these cases it is important to have an experienced Real Estate and Land Use attorney representing you.

In this New Jersey Eminent Domain Case, the Court stated that adequate compensation must be paid. They stated that adequate compensation includes the present value of the property plus the possibility of future improvements. The decision found that New Jersey Courts are allowed to consider future improvements to the property according to certain standards. Determining the value of future improvements, the Court said, was to be established by considering a number of factors. These factors include looking at the reasonable probability of future renovations to improve the property to its highest value, as well as the probability of gaining the approvals necessary to complete such renovations.  Courts must also however, factor in the cost of making those improvements and the risk associated with them as well. These cases are often determined based on the unique factual circumstances presented to the Court, so it is imperative that you have a knowledgeable Condemnation Attorney who knows what evidence to show the Court to put you in the best possible position to receive the compensation you deserve.

Land Use and Real Estate issues are often complicated. Eminent Domain is no exception. While the government can seize your land for a public purpose, they are required by law to compensate you adequately. Please contact Fredrick P. Niemann, Esq. toll-free today at 855-376-5291 or email him at fniemann@hnlawfirm.com/. He would be happy to meet with you to discuss your eminent domain matter with you.

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