The government cannot take your property without paying you “just compensation.” That is the law, and your rights are protected with decades of case law that protect you in such a situation. This type of law is governed by the “Eminent Domain” laws. In certain circumstances, a governmental entity, which is specifically defined, can take property of individuals for a specific set of purposes that are outlined in the law. If that happens, the government has to immediately pay you. Of course, they typically pay you the lowest amount possible, based on appraisals and valuations they secure themselves.
At Vinsko & Associates, P.C., we have extensive experience in eminent domain cases. Our Managing Principal, Bill Vinsko, Esquire, was Assistant City Attorney for the City of Wilkes-Barre, Pennsylvania and has advised municipalities for almost two decades. Similarly, he has defended landowners in eminent domain cases to maximize the amount received and limiting the amount of land taken.
If you are faced with an eminent domain “taking,” you do not have to settle for the amount identified by the municipality, county or state. Additionally, you do not have to accept the amount of land that they want to take. It is important to remember that you are entitled to “just compensation” which is an amount higher than “fair market value.” Our eminent domain lawyers can show you what needs to be done to protect your interests.
Inverse Condemnation & Trespass
In some situations, the government’s action is not an outright taking, but an action that adversely affects the value of your real estate. If that has occurred, it is called an “inverse condemnation.” In some other matters, the government may be trespassing on your land. In either circumstance, if you have a case, you can file against the municipality, authority, county or state government and seek damages, and, in many cases, recover those damages, attorney’s fees, and costs. Vinsko & Associates P.C. has litigated these matters across Pennsylvania and can evaluate your situation to see if you are entitled to compensation. Call our offices to discuss how we can help you save your property.