LANDOWNER RIGHTS FOR BUSINESSES IN OKLAHOMA
If your Oklahoma business or commercial property has been targeted for condemnation by the government, contact the eminent domain attorneys at Dawson & Sodd without delay. Our team of experienced condemnation attorneys is dedicated to protecting the landowners of businesses facing condemnation in Oklahoma. We are dedicated to ensuring you receive the just, fair, and full compensation for the business or commercial property, as guaranteed by state and federal law.
EMINENT DOMAIN AND CONDEMNATION FOR COMMERCIAL PROPERTIES IN OKLAHOMA
The Constitutions of both the United States and the state of Oklahoma give federal and state governments the power of eminent domain – the authority to take private property for public use. Condemnation is the process by which the government takes land using its eminent domain authority. Road widenings, utility expansions, and other public use projects are just a few of the reasons why commercial or business properties may be subject to condemnation through eminent domain in Oklahoma.
For most property owners, the taking process begins when they receive a notification from the condemning entity informing them of the intention to take their property. Before they do so, the condemning entity is required to make a bona fide effort to negotiate with you to purchase your property. You have the option of accepting or rejecting this initial offer. Property owners have a right to legal representation during every step of the process.
LANDOWNER RIGHTS FOR BUSINESSES AND COMMERCIAL LANDOWNERS IN OKLAHOMA
Business and commercial property owners have rights in the condemnation process as well under the State of Oklahoma Landowner’s Bill of Rights:
You are entitled to receive just compensation if your property is taken for public use. Your property can only be taken for a public purpose.
Your property can only be taken by a governmental entity or private entity authorized by law to do so.
The entity must notify you that it wants to take your property.
The entity proposing to take your property must make bona fide effort to negotiate to buy the property before it files a lawsuit to condemn the property, which means the condemning entity must make a good faith offer.
You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.
You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
Before your property is condemned, you are entitled to a copy of the commissioners’ report which determines the injury you may sustain by the condemnation of your property and the amount of just compensation entitled to you.
If you are unsatisfied with the compensation awarded by the commissioners’ report, or if you question whether the taking of your property was proper, you have the right to a trial by a jury or review by the district court judge. If you are dissatisfied with the trial court’s judgment, you may appeal that decision. These are important filing deadlines that must by followed.
WE ARE HERE TO PROTECT YOUR RIGHTS AGAINST EMINENT DOMAIN
The eminent domain attorneys at Dawson & Sodd are here to protect landowner rights for businesses in Oklahoma. We’ve been representing commercial and business property owners in a wide range of property disputes since 1894. Our long history of dedication to eminent domain law has given us a thorough understanding of the condemnation process that few other law firms possess.
Common defenses in Oklahoma eminent domain disputes include:
The condemning entity lacks the authority to condemn your property.
It isn’t necessary to condemn the property for the public project.
The condemning entity has not offered fair and just compensation for your property.
There’s no valid public purpose for the condemnation.
In many circumstances, it is not possible to stop the condemnation process. However, we can still protect your rights to due process and fight to ensure you get the best deal for the property being taken. For instance, we once represented a convenience store owner whose business location was targeted as part of a freeway project. We argued that the State lacked legal authority to acquire the land. The courts agreed and the state dismissed the condemnation action. The convenience store owner was able to remain in his highly desirable business location.
CONTACT THE LAW OFFICES OF DAWSON & SODD TODAY
You only have a limited time in which to take action to protect your rights and interests during the condemnation process. Contact the law offices of Dawson & Sodd as soon as possible after you are notified the government intends to take your land. With over a century’s worth of experience, Dawson & Sodd are uniquely qualified to handle even the most challenging of eminent domain cases. You can reach us through our Contact Us page or call us at (405) 367-5972 to schedule a free consultation to discuss your legal options with an experienced Oklahoma eminent domain lawyer.