Condemnation is the seizure of private property by the government for public purposes and economic development. It involves compensating the owner for seizing the property (Investopedia).
Probate and Condemned Property
I am filing a complaint in the probate court in the country where the property is located in the first condemnation action. The probate court must set a date for the hearing after the complaint is filled.
There is a process to it, such as firstly, the complaint is supposed to have a precise statement of the authority for the taking, the interest to be attained, a description sufficient to identify the property, the uses for the property need to be taken and for a single piece of property a designation of each defendant who has joined it as an owner.
Only those persons who claim an interest in the property or those whose names are known then at that point action is commenced. In this procedure, notice would be served to all the defendants who have their names written, or they would be added later. During filing additional copies plaintiff would be giving clerks at least one copy for the defendant’s use.
While adding defendants, the plaintiff is supposed to promptly deliver to the clerk joint. Each notice must name the court, the action’s title, and to whom it is directed.
The main content must describe any property other than that to be taken from the defendant’s name. The notice must also state that the action is to condemn the property, the interest to be taken, the authority for the taking, and what failure to serve an answer.
It constitutes consent to the taking and the court’s authority to proceed with the action and fix the compensation. A defendant who does not serve an answer may file a notice of appearance, and this notice should always consist of the name, telephone number, and email address of the plaintiff’s attorney. The address within the district in which the action is brought where the attorney may be served is also required.
In the U.S., the federal government has the right to condemn the property, but if the owner doesn’t agree with the process or compensation, he can take the matter to court.
Reasons of condemnation of property
- Unsanitary living conditions
- Infrastructure failure
- Weather catastrophe and structural damage
- Black mold
- Extensive termite damage
- Built with unsafe materials (The team Edge Properties)
5 Things You Should Know About the Procedure of Condemnation
- Privately owned property can be condemned privately by the probate court.
- This exercise must be for public use.
- Before beginning the compensation process, compensation must be paid to the landowner.
- After condemning the property, the probate court should issue the notice within seven days of the commissioner’s report.
- It is estimated that the probate court charges a fee of $45 for the land/property condemnation.
All of these problems arise from a larger problem. And one problem can lead to another problem, thus leading to the condemning of the property.
What is it like Property being Condemned?
The simplest explanation for this would be that government will seize the property. It happens when a property is in the way of any government project or is not safe anymore for the residents. Then there would be a need to condemn such property.
Property on the verge of being condemned can be an eyesore or threat to the community.
If someone lives in a condemned house, your property will be seized by the government. People occupying the property should be asked to leave the property soon.
The government will give warnings to the owner and, in some cases, may ask the owner to make repairs or required changes in the property. If the owner still doesn’t heed the court’s orders, they would be asked to leave the house and demolished at their own expense.
After the Condemnation of Property
Sometimes a person can escape condemnation by fixing the damages of the property properly. But if the problem continues, the known owners of the house are asked to evacuate the house. Ultimately this will be a legal battle for the owners.
Selling Condemned property
Selling a condemned property is afferent which differs from the traditional selling process. It is usually sold at a low price than the actual price of the property. So, it is suggested that such property mu sold quickly before its structure weakens and gets demolished, thus lowering its price. Probate makes it easy for you to sell such property without facing many hurdles during the selling process.
Some tips for the Property Owners
If you are a property owner who is facing condemnation of the property due to the reasons mentioned above, you can save yourself by adhering to these steps:
Get a good lawyer who knows about local code provisions, regulations, and ordinances that the government relies on upon to show that your property is condemned. Or the building structure needs to be demolished.
If you are not a lawyer, you need to learn about code provisions, regulations, and ordinances that the government relies on. You need to learn and see if the government is properly interpreting these provisions if they can be applied to your property or not.
You can find most of the code provisions from a municipal department or available online.
The government must follow specific requirements before applying the code provisions. These requirements involve:
- Make sure the property owner receives the notice of the violation
- An opportunity to correct the violation in a specific time frame
- The ability to appeal a violation determination, if the owner disagrees with it
If you are not in compliance, make sure not to ignore all the warnings. If you keep ignoring the warnings, you will receive a huge financial burden leading to unpaid fines, etc.
If possible, take meaningful and important steps to fix your property—document all the changes you made as proof that you are attempting to comply. As in the future, you will provide with an opportunity of hearing you will be able to protect your rights (Owner’s counsel, 2021).