Every highway, park, and public facility was once acquired by either the state or federal government. The government process of acquiring private land for public use is authorized by the United States Constitution, and commonly referred to as Condemnation. The Constitution also ensures that the land owners receive fair and just compensation.
The West Virginia constitution expands rights of the landowner and in Chapter 54 of the West Virginia Code. This Chapter outlines what entities have the authority of Eminent Domain, and the process for exercising their authority. For example, if you recently received a bid on your property from the DOT / DOH or any of their contractors then you are in the Notice stage.
IF you have a notice or an offer, I recommend contacting my office for assistance.
Furthermore, the West Virginia Code expands land owners rights by using the same proceeding when land has been taken or damaged . As a property loss attorney, this is a great tool to bring value to client’s claims for property damages. Usually, the State has Sovereign Immunity and is barred from lawsuits. However, this clause affords my client’s a cause of action even when the taking of land – or even entry on land was unintentional. This is commonly referred to as “Inverse Condemnation”, meaning the individual is compelling the state to initiate Eminent Domain procedures to ensure the landowner receives just compensation.
Once a bid or offer is received, a property loss attorneys can assist landowners and help them receive the true fair market value of their land. My office strives to increase the offer by arguing the following:
The best part is, our interest are aligned, the standard attorney’s fees are only
33% of the increase on the original offer – so there is really no risk!
"*" indicates required fields