Articles Tagged with eminent domain

Books stacked on a desk with a lawyer's gravel.Pre- judgement interests are accrued interest on judgement amounts. Eminent domain is when the government “takes” private property for the public’s use and then owes fair and just compensation to the original private property owners. An eminent domain award is the court-ordered judgment amount that is based on the fair market value of the property owed to the private property owner. 

Generally speaking, eminent domain awards must be paid out to the private property owner before a property’s title can be transferred or the government can take physical possession of the property. Read on to understand what both pre-judgment interests are and eminent domain awards contain.

What is a pre-judgement interest?

Image of Gavel, and Constitution for blog image. ​​Can a property owner sue for inverse condemnation when the government refuses to permit development? Underwood Law FirmIn certain situations, it is possible for a property owner to sue the government for inverse condemnation when the government refuses to permit development, and that refusal results in a “taking” under the United States constitution. 

If the city, state, or federal government refuses to permit development, it must take away all or substantially all the reasonable use of the property in order to form the legal basis for an inverse condemnation lawsuit. Then, the basis for inverse condemnation is formed on the basis of the government’s refusal to permit development and this can be a powerful legal remedy for property owners.

The lack of reasonable use of the property is viewed with consideration of all of the impact on the personal land owner’s land, in order to substantiate an inverse condemnation claim against the government. 

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