Chicago Area Lawyers for Eminent Domain Issues
Real Estate Attorneys Representing Property Owners in Condemnation and Eminent Domain Cases in Illinois
Property owners have certain rights in the United States, but there are some situations in which the government can take property without the owner’s consent. In cases involving eminent domain, a state or local government may take ownership of private real estate property if the property is needed for public use, and just compensation must be paid to the property owner. Owners of commercial real estate or other property that the government plans to take can determine their legal options by working with an attorney who understands the eminent domain laws in Illinois.
At The Gierach Law Firm, LLC, we understand the difficulties that you may face as a homeowner or business owner if the federal government, the state of Illinois, a local municipality, or another government body decides to take your property. Attorney Denice Gierach is a lawyer and business owner who has assisted clients in a wide variety of real estate cases. The team at The Gierach Law Firm, LLC has more than 30 years of experience, and we can provide you with the representation you need to address issues related to eminent domain.
Eminent Domain Laws and Condemnation
There are multiple different reasons the government may choose to take ownership of private property. Land may be needed to build or expand roads, government buildings such as schools or police stations, public parks, airports, railroad tracks, or utilities. In these cases, a process known as “condemnation” will be used in which the fair market value of the property will be determined and the owner will be compensated for transferring ownership of the land to the government.
For a government body to use eminent domain to take property, it must have the authority to do so. The State of Illinois generally has the power to acquire private property for public use, but local governments must have an ordinance or resolution that allows the use of eminent domain for a specific purpose. Condemnation can only be used if it can be shown that it is necessary to take private property for a public purpose. The government authority is required to contact the property owner and attempt to negotiate a reasonable purchase price for the property.
In eminent domain cases, property owners will want to determine whether the government has the authority to take their property. In some cases, it may be possible to challenge the use of eminent domain and avoid losing ownership of property. However, if the government can demonstrate that there is an economic public interest, it will typically have the right to condemn the property. In these cases, property owners will need to be sure they are fairly compensated for the property taken through eminent domain.
Just compensation must be provided for any property taken through condemnation or for damages to any remaining property that was not taken. A property owner should be able to receive the fair market value of a property at its “highest and best use.” If necessary, a jury trial may be held to determine the amount of just compensation that a property owner should receive. A property owner may also be able to recover the costs of attorney’s fees or hiring appraisers or other experts.
Contact Our Illinois Eminent Domain Attorneys
If you have received notice that the government intends to take your property, The Gierach Law Firm, LLC can help you make sure you are fairly compensated. We have represented clients in a wide variety of eminent domain cases, and we have a network of appraisers and realtors who assist in determining the highest and best use of your land to ensure that you receive the proper amount of compensation. We will pursue the best possible price for your property, and if necessary, we will fight for your rights and financial interests in court. To learn more about how we can help with your case, schedule a consultation by contacting us at our Naperville office at 630-756-1160 or call our Hoffman Estates office at 847-519-0505.