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Condemning Private Property and the Individual’s Rights

The quick answer is yes, but private property can be taken only for a public use or benefit and upon the payment of just compensation to the owners. Condemnation is the procedure prescribed by law for exercising the power of eminent domain. Eminent domain means the power to divest right, title or interest from the owner of property and vest it in the possessor of the power against the will of the owner upon the payment of just compensation for the right, title and interest divested.

Property can be condemned by public condemners, such as the Department of Transportation for the construction or widening of highways or by each municipality or county in the state for the opening, widening, extending or improving roads, streets, alleys or sidewalks, establishing, extending, enlarging or improving storm sewer or drain systems and works or sewer lines and those systems, for parks, playgrounds and recreational facilities, office buildings or courthouses, jails, etc. Private companies such as Energy United, Piedmont Natural Gas Company or Plantation Pipeline Company can also condemn for the purpose of constructing a railroad, electric power line, public water supplies, public sewage systems, pipelines for the transportation of petroleum products or gas, etc.

Normally the landowners are contacted to see if the property can be purchased through negotiation. If a settlement cannot be reached, then the Department of Transportation or the county or gas line can then file a proceeding in Court to condemn the property and can acquire the property subject to determination of the amount due the landowner by depositing in Court a sum of money representing the amount that the condemner’s appraiser said that the property being taken was worth. This money can be withdrawn from Court without waiving the right to seek additional payment, and in the event the Court ends up granting the landowner a lesser amount, he does not have to return the difference. Unlike other types of lawsuits, the landowner is assured of getting at least this amount of money deposited.

An attorney knowledgeable in condemnation can assist in the negotiations with the condemner and in obtaining appraisers and other professionals to assist in the determination of the value of the property being taken and the amount the landowner is to receive. It is important to get professionals involved as soon as you can, and many attorneys are willing to agree to represent the landowner on a contingent fee of a certain percentage of anything the landowner receives over and beyond what the condemner first offered to pay the landowner.

While the various agencies have the right to condemn, don’t take the first appraisal as their “final offer.” Consult with an attorney concerning your options and recommended course of action to ensure that you are properly compensated for the property taken and your rights protected.