Property owners, be it of residential or commercial property, could find themselves in a condemnation case where the government seeks to acquire the property. The governmental power that allows this is eminent domain. If you are faced with condemnation, contacting a skilled and experienced San Jose condemnation lawyer is the most important step you take.
Condemnation permits a local, state or the federal government to purchase private property for the purpose of creating roads, parks, or some other public use. While it is true that the government has the ability to take private property for public use, it doesn’t mean you are without rights.
You will want to consult with a condemnation attorney to see if you could challenge the government’s decision to take your property. It may not meet certain public necessity or public purpose standards. This is a very complicated area of law and requires the assistance of a condemnation lawyer.
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.
Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.
Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.
Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.