Reverse Conviction, Part 1 of 4: What is Reverse Conviction and Can You Recover Attorney Fees?

In an ideal situation involving eminent domain, the condemning authority follows all the appropriate steps as required by the condemnation law. They contact you, the property owner, with their intent to purchase the property, and then offer to purchase your property before exercising their eminent domain. Unfortunately, this does not always happen for various reasons. Sometimes the condemning authority fails to complete tasks required by statute that would trigger your right to file a claim.

So does that mean you’re out of luck? Absolutely not. Every state has a provision in their statutes that says you can file a reverse condemnation claim. Under reverse condemnation, the property owner has the right to go to court and explain that the actions of the alleged condemning authority amount to a condemnation of the property. The court will then declare an asset forfeiture has occurred, giving you the opportunity to move on to the damages phase of your case, where you can make a claim for compensation.

When taking action through reverse condemnation, it is important to be represented by an experienced eminent domain attorney. In some states, the statutes allow you to recover the costs of hiring experts to help you with your case, if you are successful in filing your claim at the level required by the state in which you live. These expenses may include deposition costs, litigation costs, appraisal costs, and attorney fees. So if you have a claim, one thing you need to assess, and this should probably be done with an attorney, is your ability to recover costs and attorneys’ fees in the jurisdiction where you are located.

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