Negotiating an Offer Made in a Condemnation Action

When an offer is made in a condemnation action, you do have the option to negotiate the offer. You will, however, have to work very hard and have solid, clear and convincing evidence in order to get the government entity proceeding with the condemnation to change its initial offer.

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Can You Recover Attorney’s Fees if You Resist Condemnation?

If you resist the condemnation of your personal real property as part of an eminent domain lawsuit or legal action against you, most states will allow you to recover some or all of your attorney’s fees as long as they were determined to be reasonable, and as long as your case is upheld and you were successful in resisting condemnation of your property.

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Do You Need a Lawyer for a Condemnation Action?

There is no legal requirement that you have an attorney in a condemnation action, and if you want to have an attorney, you will need to pay for one yourself. However, not having a lawyer is generally a very bad idea in any legal proceeding, and this is especially true if the government is trying to condemn or take your property by eminent domain.

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Risks Involved with Resisting Condemnation

The main risk you take if you resist condemnation of your property is that the final judgment you receive may be less than the initial offer. Another risk you run in resisting the condemnation of your property is that you will end up paying attorney and court fees.

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Should You Resist the Condemnation of Your Property?

If you have received a condemnation notice from the government, you have to make the decision whether to accept it or to fight. You may wish to resist the condemnation of your property if you think that the government does not really need the property, if you think the government does not intend to use the condemned property for public use, or if the government’s offer is not ‘just compensation.’ Otherwise, it may be in your best interest to accept the government’s offer and accept the condemnation of your property.

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