Provo Lawyers Protecting Property Owners From Condemnations

Assisting individuals and businesses in Utah who want to hold on to their land

Whether one calls it condemnation or eminent domain, having a government body, utility authority or other entity tell you that they intend to take your land can be very disturbing. Quick, effective legal action might be the only way to keep your property or secure fair payment for it. Jeffs & Jeffs, P.C. in Provo offers comprehensive legal representation for clients in condemnation cases across Utah. 

What qualifies as condemnation under Utah law?

In Utah, condemnation occurs when a government body or authorized entity uses the power of eminent domain to take someone’s real property in exchange for just compensation. To do this, a public purpose must be identified. Examples of public uses include the installation of utility lines, the building of roads and the revitalization of blighted areas. The condemnation process can be complex and highly contested if the proposed improvement is questionable or the property owner does not want to give up their land, even for market price. 

How does full taking differ from partial taking?

When a condemnation involves the entirety of a landowner’s parcel, it is known as a full taking. On the other hand, a partial taking occurs when the condemning entity seeks only a portion of particular property, similar to an easement. Each type of taking presents different issues. In a full taking, a property owner might not want to leave their home, and there could be a conflict over appropriate relocation assistance. Partial takings could trigger back-and-forth negotiations about their effect on the value of the remaining property. 

What steps must the government take leading up to condemnation?

Once a government body or authorized entity makes the decision to condemn all or part of a real estate parcel, they must send notice to the owner and advise them of their right to oppose the proceeding. From there, an appraisal is conducted to determine how much should be provided to fulfill the law’s “just compensation” requirement. Negotiations follow, during which the property owner might seek a higher amount or contest the taking entirely. In the event that a compromise cannot be reached, the condemning entity can file a lawsuit seeking to assume ownership. This might result in settlement, mediation or trial. 

What rights do Utah property owners have during the condemnation process?

Our real estate lawyers work to protect the rights of Utah clients facing full or partial condemnation. Property owners can consult with the state’s Office of the Property Rights Ombudsman to get an outline of the process. If your property has been targeted, you can accompany the appraiser retained by the condemning entity when they assess the value of your land and improvements. You can also challenge various elements of the condemnation, including whether the planned taking actually qualifies as a proper public use and whether the amount offered actually constitutes just compensation.

What recourse do property owners have when condemnation moves forward?

Even when adequate compensation is offered, many property owners have a fundamental objection to the forcible taking of their land. Mediation or arbitration might be useful to reach acceptable terms during a condemnation. Whether you’re contesting the condemnation through a method of alternative dispute resolution or you’re pursuing litigation to protect your property, your first priority should be retaining an attorney who has a deep familiarity with these issues and can battle powerful interests on your behalf.

Contact an experienced Utah lawyer to discuss a property condemnation

Jeffs & Jeffs, P.C. in Provo represents Utah clients in property condemnation matters. For a consultation about your case, please call us at 801-373-8848 or contact us online. Our office is located two blocks from the Provo courthouse and one block from the Latter-Day Saints Historic Provo Temple.