Property Rights & Condemnation Attorneys in Kansas City

Property rights refer to the ability to use, enjoy, and protect the real estate you own. Condemnation, however, the process of enacting eminent domain, occurs when the government or another legal authority takes all or part of your private property for public use, which can often leave property owners feeling uncertain about their rights.

At Hunter Law Group, we understand the importance of property rights to you, your family, and/or your business. Whether you are a property owner facing condemnation or an individual dealing with complex property rights issues, it's important to understand your rights under Kansas and Missouri law and to know how to take appropriate action.

Our attorneys are dedicated to helping you protect your interests and stand up for your property rights. Based in Prairie Village, Kansas, we serve individuals and businesses throughout Kansas and Missouri. Contact us today to schedule a consultation.

Our Services for Property Rights & Condemnation

Understanding your state's property rights and condemnation laws can be complicated. At Hunter Law Group, our experienced attorneys are dedicated to advocating for your rights in Kansas and Missouri. Our goal is to make sure you are compensated fairly and treated justly throughout the process. Our primary services for property rights and condemnation include: 

• Negotiation support: Our attorneys can help you handle discussions with the government or presiding legal entity to maximize your potential compensation. 

• Litigation advocacy: We can help you challenge condemnations that do not meet your state's public use standards. 

• Valuation disputes: We can work with appraisers to establish the fair market value of the property taken by eminent domain and argue for that value as compensation.

• Statutory guidance: We can help you comply with the procedures established by Kansas and Missouri law. 

• Blight challenges (in Missouri): We can help you contest improper or unjustified blight designations, where appropriate.

At Hunter Law Group, we approach each case with a client-focused strategy and strive to tailor our representation to meet your unique circumstances. Whether you’re fighting the taking of your property or need assistance understanding your rights, contact us today.

Understanding Property Right & Condemnation Laws

Kansas and Missouri have strict laws for protecting private property rights. However, condemnation, the process in which the government or another authorized entity enacts eminent domain to obtain private property for public use, can often seem like a violation of your property rights. Our experienced real estate litigation attorneys can help you take the necessary steps to approach these types of cases and, where possible, exercise your rights.

Kansas Property Rights & Condemnation Laws

Under K.S.A. 26-501 et seq., known as the Kansas Eminent Domain Procedure Act, condemnation is allowed only if the taking of private property serves a public use, such as building public roads or highways, constructing schools, parks, or utilities, or other projects benefiting the general public. 

In Kansas, property owners have the right to confirm that they receive just compensation when their property is taken. "Just compensation" refers to the property's fair market value, but disputes can arise over what constitutes a fair payment. 

Property owners also have the right to challenge whether the proposed taking truly qualifies as a public use under Kansas law. You may be able to challenge these laws by challenging the condemnation in court or appealing the offered compensation with the guidance of a certified real estate litigation attorney. 

Missouri Property Rights & Condemnation Laws

Under RSMo Section 523.001, Missouri’s property rights and condemnation laws are designed to protect property owners under the state constitution and statutory law. Similar to Kansas, Missouri law requires that any taking of private property be for a legitimate public use and accompanied by just compensation. 

However, Missouri law is strict in detailing the limits of "public use" and provides additional protections for property owners. For example, Article I, Section 26 of the Missouri State Constitution explicitly limits the use of eminent domain for economic development purposes. The primary facets of Missouri property condemnation law include the following:

• Blight designation: Unlike Kansas, Missouri allows property condemnation in "blighted" areas to promote redevelopment. However, specific requirements must be met for an area to be determined as blighted. 

• Excessive damages clause: Missouri property owners can claim damages beyond the property's value if the taking decreases the value of the remaining property or its use. 

• 90-day rule: A condemning authority must provide property owners with a written offer 90 days before filing for condemnation to allow for necessary evaluation or negotiation. 

Missouri property owners are also entitled to challenge the necessity of the taking, question blight designations, and potentially recover the costs of legal representation if they prevail in court. If you are facing concerns about your property rights or the condemnation process in Kansas or Missouri, reach out to us at Hunter Law Group today for assistance.

Contact Our Experienced Real Estate Attorneys in Kansas City Today

If you are facing condemnation proceedings or believe your property rights are being infringed upon, it's important to act quickly. The sooner you consult with a real estate attorney, the better prepared you will be to protect your interests, challenge the condemnation, or negotiate for the fair market value of your property.

At Hunter Law Group, we are experienced in handling property rights and condemnation cases. Based in Prairie Village, Kansas, we serve individuals and businesses throughout Kansas and Missouri. Contact us today to schedule a consultation.