Property ownership is a common goal for adults in Montana. People often want to own their own homes instead of paying rent at a property for the rest of their lives. Someone who has purchased a home generally expects to live there until they either die or choose to sell the property.
Unfortunately, some people end up forced to sell due to issues beyond their control. Montana law permits eminent domain claims. The government can force the sale of real property for projects that benefit the public. Homeowners facing the loss of their property due to eminent domain can sometimes fight back using one of the two methods introduced below.
Challenge the classification of the project
Not every project that seeks to leverage eminent domain laws is actually for public benefit. Occasionally, property owners can raise valid questions about whether the project is truly for the public good. Other times, property owners can show that the inclusion of their parcel may not be necessary to complete a project intended for public benefit. Carefully reviewing the details of the proposed project can help people establish if this is an option and their case.
Challenge the compensation offered
There are scenarios in which homeowners cannot prevent the eminent domain condemnation of their property. However, they can question whether the condemning authority offered an appropriate fair market value for the purchase of the property. Showing that there have been improvements to the property that add to its value or demonstrating that other comparable properties have sold for far more in recent months could help someone facing the forced sale of their property secure appropriate compensation for the transaction.
Those seeking to fight eminent domain claims often need help with this complex process. Seeking legal guidance to learn more about Montana’s rules may benefit those worried about the loss of their real property.