Business litigation may help those facing eminent domain

Your business property is highly valuable from both a personal and a financial standpoint. Naturally, you would feel violated if the government threatened to take your property, and you may wonder whether you could use business litigation to fight this threat. Here is a look at what your rights are regarding eminent domain in Massachusetts.

In certain situations, challenging eminent domain is possible. In addition, you might be able to request extra compensation if your business property is condemned for the purpose of eminent domain. The government can easily condemn your real estate, even if it is in excellent condition.

However, according to both Massachusetts law and the United States Constitution, the government can take your property only if it meets certain requirements. First, there must be a legitimate necessity or purpose for taking it — one that meets a public need. For instance, perhaps the government needs your property for building a school or road. Second, the government must compensate you justly for your property. If the government is not meeting either of these requirements, it is within your rights to fight your property’s condemnation in civil court.

In our 100 years of service, we’ve learned a thing or two about dealing with eminent domain cases. Since 1918, the attorneys of Seder & Chandler have excelled at facing complicated and fast-moving legal issues, from complex corporate law, commercial real estate law and estate planning, to acting as counsel for business and personal legal matters. Contact us today to learn how our combination of traditional commitments and adaptivity has given us a legacy of a 100 years.