FAQs

Q?

What are my rights under Eminent Domain?

A.

If a municipality decides to build a road across your land, you have the right to due process and just compensation under the fifth amendment to the constitution. In addition, Wisconsin has enacted specific statutes that protect a landowners right to just compensation and in many cases allow landowners to recover the costs they incur if they need to litigate with a condemner to obtain just compensation. The attorneys at Land Rights Wisconsin, and affiliation of three Wisconsin law firms, are dedicated to protecting the rights of landowners and pursuing fair compensation for your land.

Q?

When should I get an attorney involved?

A.

The eminent domain process is complicated. First you will receive a notification, followed by informal negotiations. Many landowners try to negotiate face to face, and typically settle for less that fair market value. In addition, if you do note respond to notifications sent by a condemner, you may miss important deadlines entirely, and potentially lose valuable rights to challenge the compensation a condemner is proposing to pay.

We recommend you retain an experienced eminent domain lawyer to protect your rights. Our attorneys prefer to get involved from the very start, working with you during negotiations and providing learned, experienced advice. If the offered price is too low, we will work to get you the just compensation you are entitled to. If you matter cannot be settled, we will represent you throughout the eminent domain process including trial if necessary.

You have the right to just compensation. This means you must be paid for the fair market value of the property being taken. We represent property owners in eminent domain cases, and have a long track record of success in achieving just compensation for our clients.

Q?

How much will fighting a “taking” cost?

A.

We understand that many landowners hesitate to take on the Government, either state, county or township/city. The Government does have the right to take your property under these conditions:

  • You are justly compensated.
  • The taking is for a public necessity.

At Land Rights Wisconsin, we find that many landowners settle on what they will accept for the taking too quickly, often losing the use of their land and failing to receive true just compensation.

We understand that fighting the government can be stressful and costly at times. We will use our best efforts to find the most efficient solutions to your case. We also have the ability to be flexible in how we are compensated and will work to find a plan that fits your case. In Addition, Wisconsin does allow landowners to recover their litigation expenses, including attorney's fees, if they reach a threshold level of success at trial. Of course, we will keep you well advised on the potential for recovery at trial and will help you decide what course of action is best for your case as the process moves along.

Q?

Get an Attorney Experienced in Eminent Domain Issues on Your Side

A.

For answers to these complex eminent domain questions, call Land Rights Wisconsin toll free at 1-855-LRW-ATTY (1-855-579-2889) or contact us via e-mail to schedule a consultation with a qualified eminent domain lawyer.