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Factors surrounding property condemnation

On Behalf of | Sep 18, 2015 | Contract Disputes

There are many reasons you might have a real estate contract dispute with a tenant or property owner in New York, ranging from destruction of property to non-payment of rent and beyond. You might also end up in litigation with the state or federal government over real estate that you own. The attorneys at Cox Padmore Skolnik & Shakarchy LLP realize that it is sometimes inevitable for homes or apartment buildings to be condemned by the city or state. However, you should know that you, too, have a voice in these matters.

What are some of the reasons you may find your property condemned? One of the most common ways for this to happen is if the building becomes uninhabitable beyond the point of reasonable repair. This may happen if a negligent property owner fails to keep up the place, but could also happen under circumstances beyond your control, such as a severe flood or earthquake.

A dangerous or uninhabitable building is not the only reason the government may try to seize your property. According to the Cornell University Law School Legal Information Institute, this is known as “eminent domain” and may occur when your local jurisdiction desires your property for public use. The space may be needed for a road or railroad project or the construction of public buildings or schools. In some cases, the city may deem it necessary to build private housing on your land if there is a serious housing shortage.

Your rights as the property owner include gaining reasonable compensation of the property’s fair market value. If you do not wish to sell, the government may take court action, during which you should be allowed to respond and state your case. This type of contract dispute is often complex. You may learn more about property disputes and other real estate legal matters by visiting our page.


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