What are the rights of the property owner during an eminent domain proceeding?

In Delaware, a property owner’s rights during eminent domain proceedings are sometimes outlined in the state’s statutes. Generally, they involve the right to contest the taking and/or the amount of compensation the government is offering for the taking, as well as the right to seek legal advice and representation. Property owners may also have the right to challenge the public use of the property or challenge whether the condemning authority is a legitimate government entity and has the right to take the property. In addition, property owners may have the right to request further appraisal of the property in order to ascertain the fair market value of the property. Property owners may also be entitled to receive payment for any relocation costs associated with the taking. Finally, property owners have the right to seek legal counsel to ensure that their rights are protected throughout the eminent domain proceeding. This includes the right to receive just compensation for the taking as well as the right to negotiate the terms of the taking, such as the timing, method, and manner in which the property is taken. Additionally, legal counsel may be able to negotiate a higher compensation amount than what was initially offered. In summary, property owners in Delaware have the right to challenge the taking; seek legal advice and representation; request further appraisal of the property; receive payment for relocation costs; and seek legal counsel in order to protect their rights during an eminent domain proceeding.

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What are the rights of the property owner during an eminent domain proceeding?

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