Can I Recover Expenses During Eminent Domain Proceedings?
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Summary
My village took some of my property. They advised me to get a survey to challenge it. Now they have eminent domain proceedings against me for that property; can I get my expenses for the survey back during the proceedings? |
“It came to my attention that my village had taken some of my property. When I asked about it they said if you don’t agree get a survey (to demonstrate that it was my property) at my expense. Flash forward to today and the village has Eminent Domain proceedings against the property they took (as it was my property). My question is will I be able to recover the cost of the survey ($1600) during the course of these proceedings?”
That’s a good question, but unfortunately one not easily answered. What counts as recoverable costs varies widely from state to state, and eminent domain proceedings are usually governed by special rules even within a state (i.e., I’d have to look it up even if it were in the state where I practice).
Your best bet is to consult with a local property litigation attorney.
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For more on this subject check out these categories: Eminent Domain, Property, Property Rights
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
