Law Office of Bryan P. Lynch, P.C.

Condemnation Process

Experienced Illinois Condemnation Law Firm 

The condemnation process can be stressful and confusing because many land owners and even knowledgeable real estate lawyers are unfamiliar with the legal process, property owner's rights or how the government values property. An experienced condemnation attorney can help you negotiate with the authorities outside of the courtroom, as well as aggressively fight for you in court. Outside of the courtroom the government enjoys a strong negotiating position and often times is inflexible in its position.

However, the courtroom is a level playing field when it comes to condemnation proceedings because the law places the government and the property owner on equal footing to make their arguments, challenge the legality of the government's condemnation actions and the proposed project. The courtroom also allows the parties to make their strongest arguments regarding compensation and in turn the judge can provide invaluable assistance in determining the fair price for your property.

At the Law Office of Bryan P. Lynch, P.C., unlike other real estate attorneys, we focus our practice on condemnation and eminent domain cases. We have the experience needed to negotiate and obtain the just compensation you deserve. Contact our Chicago office today to schedule a free consultation and let us fight for you.

Preparations for Condemnation Proceedings

During precondemnation we believe it is important to prepare for the negotiations with the government. The government often times has been working for years with various professionals, including engineers, lawyers, appraisers and land planners before they even contact you. Therefore it is critical that you begin your preparation as soon as possible. You should know that the government cannot acquire your property without either your agreement or a court order, and the government can only obtain a court order by initiating formal legal proceedings.

If the government elects to initiate legal condemnation proceedings it must file a complaint with the court and serve the property owner. The value of your property is then normally determined based on the date the complaint is filed, and the government becomes committed to their plans for their project and the purpose for which they have stated that they are taking your property. The government normally cannot amend its claim to take additional land and it cannot penalize you for exercising your right to go to court.

Appraisals

Normally it is at this point that we would arrange for you to have your property appraised by a highly qualified appraiser knowledgeable about condemnation. In certain limited situations it might also be important to evaluate the necessity and benefit of retaining other real estate professionals to help evaluate your property and the impact of the government's project.

Knowledgeable Expert Witnesses

Whether the issues involve something as basic as a well or septic system or as complex as wetland mitigation and storm water management project, Attorney Lynch can assist in identifying the engineer, specialist or land planner who can provide insight and, if necessary, prepare documentation to demonstrate the negative impact of the government's project and develop plans and cost estimates to solve the problems confronting the owner. Often times we can successfully argue that the government should be compelled to pay for the costs to correct and/or protect your property. All of the evidence from these professionals will be used to negotiate the compensation that you are entitled to for your property.

Experienced Condemnation Proceedings Representation

The purpose of the litigation process is to allow both sides to present their evidence to demonstrate the compensation the owner is due, and it is an owner's constitutional right to present a valuation argument to a jury. Attorney Lynch handles all the court appearances, hearings, and discovery and you will likely only be required to go to court if the matter goes to trial.

The first decision for the client is whether they want to challenge the legality of the government's use of eminent domain, which is traditionally done in the courtroom. In many instances the owner does not elect to challenge the government's authority and instead the parties may exchange appraisals, which creates an opportunity for the parties to negotiate, whether outside the courtroom or through a settlement conference with a judge.

"Quick Take" Hearing

During the beginning of the condemnation process certain property owners may encounter a "quick take" hearing. A quick take hearing is an expedited evidentiary hearing which is only available for certain government entities. These hearings are scheduled as soon as the assigned judge's schedule allows, which may be as soon as a couple of weeks after the court complaint is filed. In this situation it is very important to have experienced counsel assist you during precondemnation and gather important evidence, because the government will present all its experts during the quick take hearing and you will need to have your theory and evidence assembled for the quick take hearing or risk compromising your case.

Whether you are faced with a quick take proceeding or the full condemnation process, it is full and just compensation. Bryan Lynch's law practice focuses on condemnation and eminent domain. If your property is subject to a condemnation action do not actalone, contact our office to schedule a free consultation and let us help you today.