Reverse Conviction, Part 1 of 4: What is Reverse Conviction and Can You Recover Attorney’s Fees?

July 30, 2021 0 Comments

In an ideal situation involving eminent domain, the sentencing authority follows all the appropriate steps as required by the sentencing law. They contact you, the property owner, with your intention to acquire the property, and then offer to purchase your property from you before exercising their power of eminent domain. Unfortunately, this does not always happen for a number of reasons. Sometimes the sentencing authority does not complete the tasks required by statute that would activate your right to file a claim.

So does that mean you are hopeless? Absolutely not. Every state has a provision in their statutes that says you can file a claim on a reverse conviction. In the event of reverse expropriation, the property owner has the right to go to court and explain that the actions of the alleged sentencing authority amount to a seizure of property. The court will then declare that there has been an expropriation of property, allowing you to proceed to the damages phase of your case, where you can file a claim for compensation.

When taking action through a reverse conviction, it is important to be represented by an attorney who has eminent domain experience. In some states, statutes allow you to recover costs incurred in hiring experts to help with your case, if you are successful in bringing your claim to the level required by the state in which you live. These expenses can include deposition costs, litigation costs, appraisal costs, and attorney’s fees. So if you have a claim, one thing you should evaluate, and this should probably be done with an attorney, is your ability to recover costs and attorneys’ fees in the jurisdiction where you are located.

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