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There is no greater intrusion upon an individual's property rights than the power of the government to take away a person's property by eminent domain. Whether it is the State of Connecticut or its various agencies, departments or municipal corporations, including its various towns and cities, the government's right to confiscate a person's property by eminent domain can seem overwhelming, and at times leave the property owner feeling helpless. At the Law Offices of Peter E. Ricciardi, we take property rights seriously. Over the years, we have assisted our clients in two key respects when they have been faced with the prospect of a governmental taking of their property.
Under our State and Federal constitutions, it is the right of all citizens, in the first instance, to challenge an unlawful taking of private property by the government. In Connecticut, it is the citizen who has the burden of bringing a lawsuit to enjoin, or stop the government from unlawfully taking private property. The burden of proof is typically very high in challenging a determination by the government to take private property. Accordingly, whenever a property owner receives written notice that the government has voted to take that person's property by eminent domain, the property owner should contact an attorney immediately, as the time within which to stop an unlawful taking is very limited under the law.
In most instances, the government has a valid reason to take a person's property under the law, and there is nothing that can be done to stop the taking of private property. This does not mean, however, that the property owner is without legal recourse. Under our State and Federal constitutions, it is the right of all citizens to require that the government pay "just compensation" for the taking of private property. At the Law Offices of Peter E. Ricciardi, we fight vigorously to ensure that our clients receive just compensation whenever the government seeks to take away their property.
Remember, eminent domain law is very complex, and each person's situation is unique. If you have been notified that the government intends to take your property, please contact the Law Offices of Peter E. Ricciardi today to learn more about how we can assist you. |