Frequently Asked Questions
1. If I am having property taken, being relocated or have a land use issue, can MEDI be of assistance to me?
Answer: We may be able to steer you in the right direction as to how to resolve your situation by negotiation, hiring an appraiser or seeking the right legal counsel.
2. Can I really fight the government and win?
Answer: Absolutely. MEDI is made up of experienced attorneys who do just that. With good information and knowledge of the laws you can not only win, but sometimes force them to pay some, or all of your costs.
Answer: We may be able to steer you in the right direction as to how to resolve your situation by negotiation, hiring an appraiser or seeking the right legal counsel.
2. Can I really fight the government and win?
Answer: Absolutely. MEDI is made up of experienced attorneys who do just that. With good information and knowledge of the laws you can not only win, but sometimes force them to pay some, or all of your costs.
3. If I hire an attorney, that will cost me more money, so I am hesitant to do that. Am I right?
Answer: Most eminent domain attorneys will talk to you initially as a no cost consultation. Also, many attorneys can be hired on a fee arrangement where they get paid a percentage of money OVER the government's offer. Let's say you hire an attorney and they get you $100,000 more than the government's offer. If you agreed to pay them one-third (1/3), you will get $66,000 more by hiring that attorney.
4. Can I recover my attorney's fees?
Answer: Absolutely, and you can also recover other costs like appraisal fees. The law says if you get 20% more than the government's last offer prior to taking you to court, the court "may" award reasonable attorneys fees and costs. If you get 40% more, the law says the court "shall" award you fees and costs.
5. Do they have to pay to replace what I now have?
Answer: Under a 2006 law called "minimum compensation" the government must take into consideration what it will actually cost to replace your business property or home. Even if it costs the government a lot more than what your property is worth, they need to
make you whole in many circumstances.
6. Do I need to hire an appraiser when my property is taken?
Answer: You really have little bargaining power without a good appraiser on your side. You can usually negotiate a nominal increase but all too often people settle for amounts far below what a good attorney and appraiser can achieve.
7. Is the eminent domain/condemnation process stressful?
Answer: If anything, it's a slow moving process where the most stressful part is generally not even in a courtroom. This is the commissioner's hearing when both sides meet with three commissioners and tell their side of the story and the three commissioners decide how much you should get.
8. Who decides who these commissioners are and does it matter who they are?
Answer: It absolutely matters who your commissioners are. Most lawyers will attend the initial hearing when your property is condemned and work to ensure that the three commissioners will be fair. Some commissioners might have biases and have a history of awards
against comdemnees like you and your attorney does not want them on your case. This is very important and a good attorney will help in this regard. In the end, the court decides whom to appoint, but the judges most often look to the attorneys for input on this matter.
9. Can I as a homeowner or tenant get relocation payments, and how do I get them?
Answer: Relocation payments can be obtained for tenants, homeowners and businesses and they can be substantial. They are based on federal rules and state laws. Claims can be complex, but if done properly, significant payments can be required.
10. Are there businesses relocation payments?
Answer: Yes, and business claims and payments frequently run into the hundreds of thousands of dollars. Sometimes more. Payments for certain eligible expenses can include search costs, equipment moving and reconnection, a $50,000 reestablishment cost and more. Claims have to be properly documented, otherwise they are denied.
4. Can I recover my attorney's fees?
Answer: Absolutely, and you can also recover other costs like appraisal fees. The law says if you get 20% more than the government's last offer prior to taking you to court, the court "may" award reasonable attorneys fees and costs. If you get 40% more, the law says the court "shall" award you fees and costs.
5. Do they have to pay to replace what I now have?
Answer: Under a 2006 law called "minimum compensation" the government must take into consideration what it will actually cost to replace your business property or home. Even if it costs the government a lot more than what your property is worth, they need to
make you whole in many circumstances.
6. Do I need to hire an appraiser when my property is taken?
Answer: You really have little bargaining power without a good appraiser on your side. You can usually negotiate a nominal increase but all too often people settle for amounts far below what a good attorney and appraiser can achieve.
7. Is the eminent domain/condemnation process stressful?
Answer: If anything, it's a slow moving process where the most stressful part is generally not even in a courtroom. This is the commissioner's hearing when both sides meet with three commissioners and tell their side of the story and the three commissioners decide how much you should get.
8. Who decides who these commissioners are and does it matter who they are?
Answer: It absolutely matters who your commissioners are. Most lawyers will attend the initial hearing when your property is condemned and work to ensure that the three commissioners will be fair. Some commissioners might have biases and have a history of awards
against comdemnees like you and your attorney does not want them on your case. This is very important and a good attorney will help in this regard. In the end, the court decides whom to appoint, but the judges most often look to the attorneys for input on this matter.
9. Can I as a homeowner or tenant get relocation payments, and how do I get them?
Answer: Relocation payments can be obtained for tenants, homeowners and businesses and they can be substantial. They are based on federal rules and state laws. Claims can be complex, but if done properly, significant payments can be required.
10. Are there businesses relocation payments?
Answer: Yes, and business claims and payments frequently run into the hundreds of thousands of dollars. Sometimes more. Payments for certain eligible expenses can include search costs, equipment moving and reconnection, a $50,000 reestablishment cost and more. Claims have to be properly documented, otherwise they are denied.