Eminent domain is a somewhat frightening prospect. Although it doesn’t happen all that often, it is certainly possible that the home or business that you build up and grow into will one day be demolished to build a highway. Don’t worry, though, although it can be a significant inconvenience, it isn’t necessarily the end of the world. The government is constitutionally required to pay you the fair market value for the property taken under the doctrine of eminent domain, as well as any loss in value to whatever remaining property that isn’t taken. On top of these remedies, you may also be entitled to what are known as relocation benefits. Read on to learn what these benefits are, and how they work.

Breaking Down Relocation Benefits

Whenever a particular government bodies exercises its power of eminent domain to condemn your property in order to complete some public project, you may be entitled to bring a claim for relocation. A relocation claim is an administrative proceeding, meaning that you won’t typically be bringing the claim before a court, although you would likely go to court if you appeal the outcome of your original relocation claim. However, it is strongly advised that you retain a lawyer to help you understand the relocation process, as well as any subsequent appeals, as the process can be complex and difficult for lay people to understand. The lawyers at Adam Leitman Baily, P.C. are able and willing to guide you through the process.

What Benefits Can You Expect if You Win Your Relocation Claim?

Basically, relocation benefits are meant to cover the personal costs of moving whenever your property is condemned under eminent domain. This includes the costs of moving personal property, like furniture, and the expenses of reestablishing a business in a new location, like producing new business cards and letterhead to match your new address. It is important  to understand that relocation benefits are available in addition to the direct and indirect damages to which you are entitled as a result of eminent domain, but you have to pursue relocation benefits by speaking with the government agency doing the taking.

However, there are cases of more complex relocation. For example, if a brewery is forced to move and leave behind expensive fixtures, like huge fermentation tanks, then it may be necessary to engage a lawyer experienced in eminent domain issues to help you calculate your exact relocation costs and help you to get them.  Your lawyer will also be able to help you make decisions like whether it is better to relocate your current equipment and recoup those costs, or simply replace the fixtures at your new location, assuming both options are even available in your jurisdiction.

Conclusion

Relocation is complex and complicated. Every case is different, and depends entirely on the type of property being condemned. The outcome will also vary between jurisdiction, and among the various governmental agencies within that jurisdiction. Therefore, it is vital to obtain the assistance of an experienced lawyer to make sure that you don’t forego this valuable benefit.