Basic Information For Small Venture People About Eminent Domain
Government has powers and rights to make a private sector property a public property which is defined as an eminent domain For instance, in the United States more so in Milwaukee there are a lot of people with cars and the government is required to develop and maintain roads necessary to withstand this growth in the population. The government of any country has the powers of eminent domain to take private property necessary to constructing new roads and expanding the existing roads while compensating the owners of the property taken and also rewarding nominal compensation to the business people who have leased their property.
For instance, the Milwaukee government-recognized public domain inequity and passed a law allowing business entrepreneurs to make claims to be compensated under circumstances of leasing their property or fully selling them to the government. For the business owners to be able to make a claim on the business damage, it should be partial taking for the road construction project with the business being in existence for not less than five years and if the venture qualifies for that claim the compensation amount should be based on the forecasted losses to the business owners.
Government must pay the business individuals the worth of their properties such as the land that the organization is located and the losses that include projected business damage claims.
The government appraiser evaluates the value of a private property when the legislature is exercising its power of eminent domain and is able to make a good-faith estimate since he does not have access to necessary and confidential information to decide real value of the property.
On the other hand, the government appraisals tend to be low as they take inadequate account of the escalating real estate market and for over the last ten years, industrial and commercial properties have experienced rapid increase in value and as the business owners are entitled to know the benefits of this increase in value if the government wishes to acquire their properties.
Government power of eminent domain need to be limited as many individuals are amazed to learn that the government can take their property for public use and should be in full compensation which should fair in market value.
The government should rather take the whole land from the business than taking part of the business since this limits the business from being accessed by customers and future expansion.
Condemnation on business owners property calls for hiring of an attorney to enable the owners of the private property to get a full compensation.