Property Rights in West Virginia-
Illegal Seizure/Eminent Domain Cases
Were Your Property Rights Violated in West Virginia? Contact us!
Your constitutional and civil rights expand to more than just what you do, say, or have done to you. Your rights also protect your property. Entities must follow eminent domain laws. Officers require warrants and reasonable or probable cause to perform search and seizures of your property. These warrants must have the necessary verbiage and signatures to carry out must also be legally executed, meaning that they. If law enforcement officers did not follow procedure resulting in an illegal search or seizure of your property, contact Stroebel & Johnson, PLLC in Charleston, WV, at (304) 553-0660, or in Lewisburg, WV, at (304) 520-0832.
What is Eminent Domain?
Eminent domain laws require the exchange of compensation when the local, state, or federal government takes private property from a citizen for public use. The Department of Transportation, the U.S. Forest Service, and even private companies, such as redevelopment, oil, gas, railroad, and other privately owned utility companies, also hold the power to claim eminent domain. However, these instances must provide a clear benefit to the public.
Also known as condemnation, or expropriation, eminent domain can be frustrating for private landowners when they experience violation of their property rights. If you have been a victim of a property rights violation due to the illegal execution for eminent domain, call the law offices of Stroebel & Johnson, PLLC as soon as possible.
West Virginia State Code Regarding Illegal Search & Seizure
According to §62-1A-6 of Article 1A of the West Virginia State Code, “A person aggrieved by an unlawful search and seizure may move for the return of the property and to suppress for use as evidence anything so seized on the ground that:
1. the property was illegally seized without a warrant, or
2. the warrant is insufficient on its face, or
3. the property seized is not that described in the warrant, or
4. there was not probable cause for believing the existence of the grounds on which the warrant was issued, or
5. the warrant was illegally executed.”
If an officer, agent, or entity searches or seizes your property illegally, you have options. Call the capable property rights lawyers at Stroebel & Johnson, PLLC in West Virginia to explore them.