How is Property Fairly Valued in Eminent Domain Cases?

Although most people are familiar with the general concept of eminent domain, understanding how just compensation is determined is critical if you are faced with the prospect of your property being taken. Seeking the counsel of experienced real estate lawyers can help you understand and protect your rights and ensure that you receive the full and fair compensation to which you are entitled.

What Is Eminent Domain?

Eminent domain gives the government the power to take private property for public use. The Fifth Amendment of the United States Constitution and Article 1, Section 10 of the Pennsylvania Constitution both require the government to provide just compensation to property owners when exercising eminent domain. In some cases, public utilities such as gas and oil companies are also able to take private property, which has become a point of contention in recent years with companies building interstate and intrastate pipelines.

How Is Property Valued In Eminent Domain Cases?

There are several factors that may be involved in determining the value of property in eminent domain cases, including:

• Zoning – whether the property is residential, commercial, agricultural, or industrial
• Size of the property and whether the taking is total or partial
• What type of entity is seeking to obtain the property and its purpose for use
• Whether a business is involved and how the taking will affect its operation
• Other factors unique to each situation

There are also a few different ways that the market value of a property may be determined. The market approach uses recent sales of comparable properties, which usually works well for residential property. However, for commercial or income-producing properties, net operating income and projected future income are taken into account as well as an appraisal. If a property includes a structure that is designed for specialty use, the cost approach may be used. First, the value of the land is determined and then the cost of replacing or duplicating any existing specialty structures is calculated.

Although determining fair market value may seem straightforward, it is open to interpretation and negotiation, especially when a business is involved or an entity is requesting only a portion of the property. If you own a business or commercial property, it is important to seek the counsel of business lawyers who are well-versed in these matters to ensure your property and business are accurately valued and you receive the just compensation you deserve.

What to Do If You Receive Notice of Eminent Domain Proceedings

If you receive a letter or other notice that your property may be taken for public use, it is important to respond as soon as possible. Whether you want to fight to keep your property or you are concerned about its valuation, a West Chester real estate attorney can advise of your rights and options and advocate on your behalf. Even if it seems like a simple case involving an easement on rural property, it is always a good idea to hire a lawyer who can help you achieve the best possible outcome.

Do you need assistance with legal issues involving eminent domain? Our real estate lawyers in PA can help.

This blog was originally posted at https://carosella.com/how-is-property-fairly-valued-in-eminent-domain-cases/

What You Need to Know About Living Wills and Powers of Attorney

There are several vital documents that can give you and your family peace of mind and help make end-of-life-decisions easier. Estate planning lawyers usually recommend that clients make a living will and separate durable powers of attorney for health care and finances. Having these documents in place in the event of your incapacitation can ensure that your wishes are carried out as specified and can help your loved ones make difficult decisions with minimal conflict.

Living Will

Also known as an advance directive in Pennsylvania, a living will outlines the type of medical care you want (or do not want) in the event that you are incapacitated or unable to communicate your wishes. Although a living will can be general, making it very specific can cut down on family disagreements and ensure that end-of-life decisions are carried out according to your wishes. To ensure all important issues are covered, it is critical to have an attorney for wills and trusts assist you with drafting both your living will and powers of attorney.

Durable Power of Attorney for Health Care

In a power of attorney for health care, you designate someone to make medical decisions for you. A durable power of attorney for health care only springs into action in the event that you are unable to make health care decisions for yourself and ends in the event of your death. Your agent cannot override any of the provisions specified in your living will, but they can make certain decisions if the circumstances are something you did not anticipate in your living will. Whether it is a spouse, relative, partner or close friend, it is important to choose a trusted person who knows you well and will assert your desires for health care should any issues arise.

Durable Power of Attorney for Finances

A power of attorney for finances enables an agent to make financial decisions on your behalf if you are unable to. To avoid problems, it is important to select a trusted, reliable agent who works well with the person named in your power of attorney for health care. You can give your agent broad power to handle your finances or specify which types of financial tasks or issues you want them to take care of. You may want to give them the authority to pay bills and expenses, buy or sell real estate, pay property and income taxes, collect Social Security or other benefits, manage retirement and bank accounts, and invest in stocks, bonds or mutual funds.

If you own a business, you can also designate your agent’s role in running it in the event that you cannot. However, business succession planning lawyers recommend that you already have a solid exit plan in place to avoid confusion or conflict upon your incapacitation or death.

Do you need help with estate planning, creating a living will, or other legal matters? Our law firm in West Chester can help.

This blog was originally posted at https://carosella.com/what-you-need-to-know-about-living-wills-and-powers-of-attorney/

What Are Miranda Rights?

If you are taken into custody after being arrested, the police are required to read your Miranda rights to you before questioning you. It is important to understand what Miranda rights mean and how they can affect your case. The things you say and do after an arrest can have a serious impact on the outcome of your case, so it is always a good idea to seek the counsel of experienced criminal lawyers before speaking to any law enforcement officers, investigators, or prosecutors.

The Specifics of Miranda Rights

Police are only required to read your Miranda rights if they plan to interrogate you while under custody. Once you have been read your Miranda rights, you are not required to speak or answer any questions without talking to a lawyer first. Police officers must read Miranda rights as follows:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?

Why is it Important to Contact an Attorney before Speaking to Police?

Being arrested can be scary and overwhelming. You may be confused and say things that can hurt your case simply by the phrasing and verbiage you use. It is true that your words will be used against you by prosecutors to prove guilt. If you are arrested, do not speak to anyone, whether you are read your Miranda rights or not. If a police officer reads you your rights, politely tell them you understand them and that you do not wish to speak until your attorney is present.

Obtaining proper legal representation from a criminal defense attorney is vital to ensuring your rights are protected. A lawyer can advise you on which questions to answer during an interrogation. Criminal law firms are also familiar with local prosecutors, law enforcement, law clerks, and others involved in the process. Having an attorney who is well-versed in criminal law may lead to charges being dismissed or reduced. Attempting to defend yourself in court or speaking to law enforcement without an attorney present can have disastrous results.

What Happens if Police Fail to Read Miranda Rights?

If you are placed under arrest and the police do not read your Miranda rights, anything you say when being questioned cannot usually be used as evidence against you. In addition, any evidence that is discovered as a result of your statements will most likely be thrown out in court. However, the failure of the police to read your Miranda rights does not mean that your entire case will be dismissed or that you will not be convicted. Plenty of cases have been won by prosecutors based on evidence that has nothing to do with a suspect’s statements.

Contact an Attorney

If you have been accused of a crime or believe that your Miranda rights have been violated, our defense attorneys in West Chester can help.

This blog was originally posted at https://carosella.com/what-are-miranda-rights/