FREQUENTLY ASKED QUESTIONS BY PROPERTY OWNERS
Q. What is Eminent Domain Law?
A. Eminent Domain, also called condemnation, is the power that a condemning authority (i.e. City, County, Governmental Agency, Redevelopment Corporation) uses when taking private property for a public purpose. Under Eminent Domain law, the government cannot take private property from an individual or business without providing just compensation. Therefore, determining the amount of just compensation becomes a significant issue in an Eminent Domain proceeding.
Q. When do I need to contact an Eminent Domain Attorney?
A. As soon as you learn that your residential or commercial Real Estate is located within a project area or may be threatened by Eminent Domain, you should contact an Eminent Domain Lawyer. When contacted early, The Gilroy Law Firm is best able to advocate for property rights and communicate with the condemning authority on a Client’s behalf about the Eminent Domain Procedures, just compensation, and relocation benefits to be provided to Property Owners.
Q. Should I attend Public Meetings regarding projects that may affect my Real Estate?
A. Yes. At Public Meetings Property Owners learn if their Real Estate is located within a project area. In this early stage of the Property Acquisition process, the public is informed about the scope and location of the condemning authority’s new project. Remember that your comments will likely be recorded and become part of the public record.
Q. When will I be notified that my property is needed for a project and may be taken by Eminent Domain?
A. The condemning authority is required by Eminent Domain Law to provide Property Owners with formal notice of the project. The first notice is called a 60 Day Letter and such letter notifies Property Owners of the condemning authority’s intent to acquire the property. The second notice is called a 30 Day Letter which includes the Property Owner Bill of Rights, an Appraisal of the property, an Offer from the condemning authority to purchase the property, and may include notice to the Property Owner that they are eligible to receive Relocation Benefits.
Q. What if a condemning authority’s offer is lower then what I think my property is worth?
A. The Gilroy Law Firm assists Clients in determining the Fair Market Value of their property and in negotiating settlement for such amount with the condemning authority. In addition, if we deem necessary, we can assist you in hiring the most professional, respected, licensed Real Estate appraisers in the area and then advocate such amount to the condemning authority.
Q. Should I try to handle my Eminent Domain matter on my own?
A. Unless the Property Owners are experienced in Real Estate law and the Eminent Domain laws of Missouri, we can not recommend that Property Owners communicate with condemning authorities directly. The Gilroy Law Firm, with over 25 years of experience in Eminent Domain Law, has a proven track record of assisting Clients in obtaining just compensation for their property and in achieving Relocation Benefits. Furthermore, since The Gilroy Law Firm will represent condemning authorities for public works projects (never private development), we are familiar with the condemning authority’s procedures and perspectives and how best to work with them to achieve our Client’s goals.
Q. Why do I need an Eminent Domain Attorney to help me relocate?
A. The condemning authority is required by Missouri and Federal Eminent Domain law to provide Relocation Assistance to displaced Property Owners. Many procedural requirements must be satisfied prior to your receiving Relocation Benefits. The Gilroy Law Firm assists residential and commercial Real Estate owners in obtaining Relocation Benefits from the condemning authority and in acquiring new Real Estate (i.e. replacement site).
Q. Do I need to hire an Real Estate Lawyer when purchasing new property?
A. The Gilroy Law Firm is a full service Eminent Domain and Real Estate Law Firm with experience in drafting residential and commercial Real Estate contracts, negotiating contingencies, drafting deeds, drafting easements, drafting prescriptive easements, attending Real Estate closings, and we can help ensure that Building Code and Zoning issues are handled at your new site.
Q. Why should I hire The Gilroy Law Firm?
A. We specialize in Eminent Domain Law, Condemnation Law and Real Estate Law so we are a full service law firm, i.e. we can assist you in every stage of your matter. With over 25 years of experience representing Real Estate Owners and condemning authorities, The Gilroy Law Firm understands the nuances of both sides of the Eminent Domain process. In addition, most of our business is from Client referrals because we provide Clients with personal attention, creative advocacy, and achieve positive results.
To speak with an experienced St. Louis Eminent Domain lawyer, call The Gilroy Law Firm at 314-965-3536, or use our quick contact web form.