Government has powers and rights to make a private sector property a public property which is defined as an eminent domain In large cities such as Milwaukee in the United States, people are moving there every now and then and with the increased population and growth in the economy the government is pressed to create more infrastructures to accommodate the people and their cars. eminent domain powers guarantees the legislative government of a country to buy a private property or lease the property such as individual lands to build new roads, railway lines or expand the existing roads in the country.
Since many legislatures may take the advantage of the private property and either grab without compensating the owner, the Wisconsin government went against this vise and made a statute to compensate private property owners. The eligibility of the business on making business damage claim to be compensated by the government depends on the duration the business has existed in the economy that should not be below five years and the government should compensate the business owners depending on the statistical forecasts and projections on the possible losses to be encountered after the business termination.
Property value and projected damages to the business that its land and space has been taken for public use.
The power of eminent domain need to be exercised in good faith and the government makes this possible by choosing a neutral appraiser from the government itself to reduce a risk of giving anticipated results when estimating the real value of the property.
Government estimates for the last ten years have not adequately taken into consideration the rapid appreciates on real estate markets and this has called for their incompetence and thus the real property owners need to realize the advantages of commercial and industrial properties escalation when the government need to take their property.
Many business people are surprised to know that the government can take their property for its own use and thus they need to understand that they are entitled to fair market value as well as costs associated with estimating fair market value such as attorney’s fees and appraisal costs hence making the property owner whole.
Most of eminent cases involving small businesses are partial takings and the legislature takes a portion of business property rather than the whole business affecting its parking, accessibility and its ability to expand.
Attorney does not stop the government from taking property from business owners but in one way helps to significantly minimize its scope and business individuals ought to hire one.