Compensation for Property and Business Losses
The Missouri and United States Constitutions guarantee that property will not be taken for public use without “just compensation.” If your property will be condemned, or taken by the state, city or municipality, the government must pay you for your loss. Even if only a portion of your land is taken by the government, you are still entitled to payment for the portion taken — it is your constitutional right. At Denlow & Henry, our lawyers help Missouri property owners protect their constitutional rights and obtain just compensation for the loss of their properties.
Determining Your Compensation
There are a number of considerations when valuing property:
- You are entitled to have your property valued at its highest and best use.
- Only under certain conditions, you are entitled to recover compensation for business losses. In most cases, Missouri law does not permit recovery or payment of business damages.
- You may be entitled to recover compensation for harm caused during construction of the public project.
- When only part of your property is taken, you are entitled to recover damages to your remaining property.
- With a partial taking, you may be entitled to compensation for changes in access to your property, changes in visibility, or changes in proximity to a roadway or utility. You need to minimize any contamination issues that may exist on your property.
- You may be entitled to any costs to cure problems caused by the condemnation, e.g. relocating utilities or finding land to replace lost parking.
- If there is a tenant, their role and compensation must be determined. In Missouri, there are additional compensation items that may apply, including Heritage Value and Homestead Value. Finally, you may be entitled to relocation benefits if you are displaced as a result of the condemnation.
Protecting Your Property Rights Means Full Compensation for Your Losses
Protecting our clients’ constitutional property rights means that our clients get fair and just compensation for the property taken and the damages caused by eminent domain. We take on the burden of building the best case to maximize our client’s compensation as well as to challenge the eminent domain when necessary.
It is important that you contact an experienced eminent domain attorney as soon as you learn that your property may be taken by the government.
Contact Us / Free Initial Consultation
There is no charge for an initial consultation to discuss your situation. Our telephone numbers are 314-725-5151 or 888-566-5151. Ask to speak with an attorney in our office. You can also contact us by e-mail. All communications between you and the members of our firm are confidential.