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. This is an appraisal term that means a property is not necessarily valued based on its current use or past use, but possibly other uses that would bring more value so long as the uses a physically, legally and financially feasible in the foreseeable future.
- Business losses are recoverable only under certain limited situations. In most cases, Missouri law does not permit recovery or payment of business damages or loss profits.
- 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. These are called “consequential” or “severance” damages and frequently exceed the value of the actual property taken. For instance, a project to widen or redesign an existing highway may require a small portion of a property, but results in the loss of a commercial entrance. The damages from the loss of the entrance would like exceed the value of the land taken for the project.
- 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 may be entitled to any costs to cure problems caused by the condemnation, e.g. relocating utilities or reconfiguring parking to align with changes in entrances.
- 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 which are provided for by statute. Also, in some cases involving high-voltage power lines through agricultural property may entitle an owner to greater compensation.
- 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 toll free 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.