The US government has the ability to seize private property. This is a process known as "condemnation." The ability to do this is limited, but it can happen under some circumstances, such as when your property needs to be condemned for health and safety reasons.
Abandoned Properties
For private property to be condemned over health and safety reasons, there will need to be repeated examples of health code violations. Also, if your house has been abandoned for an extended period, it might be considered a safety risk.
Code Violations When Performing Renovations
A common situation is when a homeowner performs renovations and a building inspector then discovers several serious violations due to the renovations not following applicable building codes. Also, if a homeowner is working on a building and doesn't have the required permit or the permit is not displayed, this may lead to legal proceedings to condemn your property.
Poor Sanitation
When a home has very poor sanitation, it might become condemned. The home might have black mold, a serious pest infestation that is not addressed, a substantial amount of clutter, or the plumbing might not be working.
Structural Issues
Another problem is when a home is not stable. If there are serious structural problems, such as after a flood, the home might begin to collapse. Once your home has been condemned, you are forced to leave the property and a condemned sign is then placed on the front door. You will then be required to make the necessary repairs.
Know Your Legal Rights
If you believe that your home has been condemned in error, it's important to hire a private property condemnation lawyer who is familiar with the local codes, regulations, and ordinances that are being used to justify taking your private property.
Don't Assume That a Government Official Is Correct
In some cases, government officials do not accurately interpret provisions. Also, depending on the code violations, your house might be grandfathered in if it is old enough. Even though it doesn't comply with modern building codes, it was constructed before those building codes were in effect and may be exempt.
Private property needs to be condemned in a specific way that takes into account due process. You must be provided with a notice, given an opportunity to correct the problem, and also given an opportunity to appeal the decision. If you are not granted one of these rights, your lawyer may be able to stop your property from being condemned.
Contact a local law firm, such as Wukela Law Firm, to learn more.
