Real Estate Law | Joplin, MO
Jasper County Eminent Domain Attorneys
There has been an increase in cases of regulatory taking of private property due to Missouri’s increasing expansion. Many private property owners have suffered loss of property value and/or loss of the use of their property without compensation. Others have had their property taken without just compensation. At Copeland & Brown, our lawyers handle eminent domain and other types of real estate litigation in Joplin and throughout southwest Missouri.
There are many different types of real estate litigation. Our attorneys have experience successfully resolving issues involving:
- Construction litigation over issues such as leaky roofs and other defects
- Property line disputes
- Disputes over easements (the right to use someone else’s property)
- Eminent domain disputes, including condemnation and regulatory taking
- Mechanics’ lien disputes
- Breach of sales contract and escrow disputes
When MoDOT initiated eminent domain proceedings to take a strip of ground from the front of our property, we thought their offer was too low. In a free consultation with Bruce, he agreed. In the early stages of the process, MoDOT increased their offer to $20,000. When Copeland & Brown was done with our case we received $322,500 from MoDOT. If you are faced with a condemnation case, we strongly recommend you set up a meeting with Copeland & Brown.P. & D.
What Does Eminent Domain Mean?
The Fifth Amendment of the U.S. Constitution states that private property can only be taken for public use if just compensation is paid to the land owner. That may sound clear, but the complexity of eminent domain can be quite cloudy. There are many factors that can blur the definitions of what constitutes public use of land and how just compensation for that land should be calculated.
If you have received a notice of condemnation, are negotiating with the government regarding the value of your property or find yourself threatened with litigation, our lawyers can review your situation and determine if the taking of your property is legal. If the government can legally take your land, we can negotiate the proper compensation for your property.
What Are Mechanics’ Liens?
Contractors who are not paid for the work they performed on real estate can force payment by filing a mechanics’ lien. This is like a security interest in the title of real estate, and it will prevent the legal sale, transfer or refinancing of property until the contractor is paid and the lien is removed.
Sometimes, the legal battles occur when the contractor neglected to pay the subcontractors, and they file a mechanics’ lien against the property. Property owners may also feel that the quality of the contractor’s work is unacceptable or is contrary to the agreement that was made.
At Copeland & Brown, we have successfully represented contractors and homeowners alike in navigating these various issues.