Can The County Really Take My Property Away From Me?

minnesota-property-rights-attorneyAs a private property owner, you may be surprised to know that there are times that the government can legally acquire your land for public use. An example would be when the county needs your property for a legitimate public purpose such as a roadway, park or school. This is called eminent domain or right of way acquisition. If the landowner objects to giving up rights to the property, he or she may choose to be represented in court by an attorney. Kallemeyn & Kallemeyn provides legal representation for individuals caught up in eminent domain proceedings.

Eminent Domain

Being a property owner comes with numerous rights and responsibilities. It is important to know what you can and cannot do with your private property and what the local, state or federal government may choose to do with your land. Eminent Domain refers to the right of a government entity to seize and use private land for the public good. Although sometimes controversial, the fourth and amendments to the U.S. Constitution permit the government the power to seize property when needed for public purpose.

When The County Needs Your Property For Public Use

Examples of when the county may need your property for legitimate public purpose are listed here:

• Roadway property easement to build or expand a public highway
• Property deemed to be a menace or bad looking for the neighborhood
• Rezoning a property from private land to commercial property to create more jobs
• Building a school, park or airport

Right-Of-Way Acquisition

As part of a right-of-way acquisition, a landowner is expected to receive just compensation and be paid a fair market value for the property. Depending on your individual situation you may or may not agree with the property seizure. With the assistance of an experienced property attorney, landowners can argue their position before the court. You may be able to show that the public can be served without the need to take your property. Your attorney may also assist in challenging the property appraisal or seek damages related to loss of access to your property.

Minnesota Property Rights Attorney

Kallemeyn & Kallemeyn can be an excellent advocate when dealing with property disputes and eminent domain issues. You are allowed to have competent legal representation to challenge the government’s position on taking your land for public purpose. An experienced property law attorney like Charles Kallemeyn can also help you to receive just compensation for your loss.

Contact Charles Kallemeyn of Kallemeyn & Kallemeyn to make sure that your rights as a landowner are being protected. Call: (763) 427-5131.

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