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Delaware Eminent Domain

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The fact that you're here says you want to become more educated on eminent domain in the state of Delaware before making any possible mistakes. We're glad you are here. Although the eminent domain process is complicated, we've provided the details you need to know about eminent domain in Delaware, your rights as a property owner, and hiring an eminent domain attorney.

Delaware Eminent Domain Process

In the state of Delaware, the eminent domain process can only be stopped if the proposed taking does not meet the requirements for public purpose or public necessity. If you have determined that the proposed taking does meet these requirements, then you should learn more about the Delaware eminent domain process. Remember, even if the government has the right to condemn your property, they cannot dictate the price they are willing to pay; compensation is determined by the highest and best use laws for your property.

Learn more about the Delaware Eminent Domain Process

Delaware Property Owner Rights

If you think the proposed taking does not meet the requirement for public purpose or public necessity, then continue reading to learn more about your property rights in the state of Delaware.

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Since the landmark case of Kelo v. City of New London in 2005, many states have taken measures to help curb eminent domain abuse. The Castle Coalition, a nationwide grassroots property activism project by the Institute for Justice, released a comprehensive report in 2006 that graded each state based on eminent domain legislative changes which expand and protect property rights.

Did you know that the Castle Coalition gave Delaware a B+ when it comes to property owners' protection against eminent domain?

Learn more about why Delaware was given a B+ grading and Delaware Property Rights

Attorney Fee Recovery and Hiring an Attorney

The eminent domain process in the state of Delaware is complicated, and if you are threatened with eminent domain, you should seek the advice of an eminent domain attorney in Delaware to help guide you through the process.

Many states have passed legislation mandating that attorney's fees be paid by the condemning authority in eminent domain cases if certain criteria are met. These statutes ensure that property owners receive just compensation for their losses.

Learn more about Attorney Fee Recovery and Hiring an Attorney

 

If you live in Delaware and have been threatened with eminent domain, also known as condemnation, please contact us for a free case evaluation.

 


 

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Biersdorf & Associates Delaware Projects

  • US 301 Delaware Project Update
    We recently spoke to an engineer at the Delaware Department of Transportation (DelDOT) who said that early property acquisitions have commenced.  These properties include total acquisitions and homeowners willing to sell.   The remaining properties will be acquired at a date yet to be determined. Construction is scheduled to begin in 2012 and continue thru 2015. Read more [...]
  • US Route 301 Project – DE
    Biersdorf & Associates Project # 4502.001 Condemning Authority:  DE Dept. of Transportation The US Route 301 project is in the first stages of final design, and advanced right of way purchases have been completed. However, right now funding has only been secured for the beginning stages of the final design process, and further funding for final design [...]

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Location of Central Office:

33 South 6th Street, Suite 4100
Minneapolis, MN 55402

Toll Free: 1-866-339-7242
Phone: 612-339-7242
Fax: 612-339-0585
E-Mail: info@condemnation-law.com


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