If an individual receives a notice that their residence is going to be condemned, there are steps they may be able to take to prevent that from happening. In many cases, the individual can create a contract with the local government agency to negotiate a timeline for the rehabilitation of their property.
Once the repairs are completed, the individual can schedule a time for the local inspector from the housing authority to visit the residence and confirm all of the code violations are remedied. In order to reverse a condemnation status, the individual will need to have at least the following items in working order:
- Heat
- Hot water
- Light fixtures
- Plumbing
- Safe electrical outlets
- Ventilation
The individual will need to ensure their residence does not have any pest issues and is structurally sound. This includes having any balconies, porches, and railings in good condition.
Condemnation can also apply to land. Land condemnation is a legal process by which the condemner seizes private land for a public purpose, benefit, or use pursuant to eminent domain. In order for the condemnation to be constitutional, the condemner must demonstrate that the action serves a public purpose and pay just compensation to the owner of the land.
If an individual is renting a residence or a piece of property, any rent that was paid in advance prior to condemnation should be refunded to the tenant. A condemnation provides a tenant with two possible claims for compensation. These include:
- The value of the unexpired portion of the lease
- The value of the fixtures that the tenant has made on the property, including:
- Installations
- Alternations
- Additions
- Improvements
When a tenant’s property is condemned, they may be able to recover compensation or apply for a refund by filing a claim with the condemning authority. This is often done through an attorney so the individual receives the value of their remaining lease term.
A lawyer will advise the tenant on the best legal action they can take to get compensation for the issues caused by the condemnation. The terms of the individual’s lease will be the key to determining the individual’s right to obtain compensation in a situation involving condemnation.
In most situations, if the lease is terminated because of the condemnation, a tenant will be able to claim the value of the remaining lease period they had agreed to. In some situations, a tenant may also be able to request compensation for relocation costs or other damages they suffered because of the condemnation.
When an individual is looking to apply for compensation, they can take the following steps:
- Review their lease: The lease agreement may contain specific clauses about the tenant’s rights when condemnation occurs.
- Reach out to the condemning authority: Once a tenant is notified of the condemnation, they can contact the agency that is responsible and ask if there is a process for filing a compensation claim.
- Consult with a lawyer: A lawyer can assess their potential compensation claim and help the individual throughout the process.
There are also several factors that an individual should consider related to seeking compensation for condemnation issues, including:
- Proving damages: In order to support a claim for compensation, an individual should provide documentation of financial losses they incurred due to the condemnation, such as:
- relocation costs
- lost business income
- State law: The rights a tenant has in a condemnation process can vary by state, so it is important to consult with an attorney to understand local laws and regulations.
- Negotiations and settlements: In some situations, it may be possible for an individual to negotiate a settlement with the condemning party instead of having to go to court.
Issues such as damages and negotiations can be complex; they are best approached with the guidance of an experienced attorney.