Public Takings Lawyers in Clarks Summit
Preserving Your Rights as a Property Owner
When the government acts in a way that impairs your property rights or otherwise deprives you of your right to use and enjoy y our property as you see fit, you might be entitled to just compensation. Individuals have a constitutional right to recover just compensation from the government when they take their property to be used for a public purpose. When the government intentionally takes private property for public use, it can initiate an eminent domain action.
However, sometimes the government “takes” property without officially exercising its eminent domain powers or paying the private landowner just compensation as required under the constitution. If a government action has impaired or completely deprived you of your property rights, you can sue it to recover just compensation. To explore the full extent of your legal rights and options, you should consult an experienced public takings lawyer in Clarks Summit for legal advice.
At O’Malley Law Office, LLC, we have nearly a century’s worth of collective professional experience handling and litigating various legal matters, including public takings law. We are committed to providing you with quality legal representation to make sure your property rights are not jeopardized by the wrongful actions of an overreaching government agency.
To learn more about how O’Malley Law Office, LLC can protect your property rights, contact us at (570) 391-0866 to speak with a skilled attorney today.
What Is a Public Taking?
The constitutions of the United States and the State of Pennsylvania preclude the government from taking private property for public purposes without paying just compensation. However, the government does not necessarily have to take title to your land for it to be liable for a public taking.
A public taking can occur when government actions deprive private landowners of the beneficial use and economic value of their property.
The following are examples of public takings for which the government may be liable to pay landowners just compensation:
- De Facto Takings: Also known as “inverse condemnation” a de facto taking refers to a situation where government actions cause the destruction or injury to private property without using formal eminent domain procedures. For example, if the operation of a public utility causes an uncontrollable fire which damages several properties, it may be liable for a de facto public taking and would have to compensate the landowners for their property damage.
- Regulatory Takings: A regulatory taking occurs when some government regulation causes harm to a private landowner’s property rights. For example, if a government regulation rezones property near a private landowner’s residence, causing its fair market value to drop, the government might be liable to pay the landowner just compensation for the consequential drop in value.
Contact O’Malley Law Office, LLC for Quality Advice
If you are a home or business owner in Pennsylvania and your property was rendered effectively useless or valueless because of some reckless or thoughtless government act, you may be entitled to compensation. At O’Malley Law Office, LLC, we have over 80 years of combined legal experience working with a broad spectrum of different legal issues, including public takings. We proudly deliver quality legal advice and advocacy when it comes to public takings, so your private property rights are given the proper respect and consideration by the government.
Schedule a free consultation about your case by calling (570) 391-0866 or by completing our online request form today.