A conviction attorney represents citizens against the government in cases of eminent domain, seeking to prevent property acquisition or seeking greater compensation. The term “condemnation” refers to the formal act of transferring property rights to the government, and the term “sentencing attorney” is often used interchangeably with “eminent domain attorney.”
A conviction attorney is an attorney who represents parties in conviction cases. This usually means representing a private citizen against a government that is trying to take possession of that citizen’s land through eminent domain or similar governmental power. A conviction attorney can help citizens who are trying to stop the takeover, seeking more money from the takeover, or trying to recover government property after an improper takeover.
Condemnation is a specific aspect of eminent domain law. Eminent domain is sometimes referred to as mandatory purchase, mandatory acquisition, or appropriation in countries other than the United States (US). It is the law under which a government may, without permission, take possession of or limit a citizen’s interest in his private property. The term “condemnation” in this context refers to the formal act of transferring property rights to the government in question.
While condemnation and eminent domain by its many different names work differently around the world, most governments retain some level of right to deprive citizens of their property. In most developed nations, this right can only be used in the service of some public good, usually related to utilities, transportation, public parks or the like. Furthermore, most modern governments are required to pay fair market value (FMV) for goods acquired or condemned in this way.
A sentencing attorney might better be called an eminent domain attorney. In many places around the world, he or she may be referred to in similar terms as an estate attorney. While the term sentencing attorney can reasonably apply to attorneys working for a government in conviction cases, it is more often used to describe a private attorney who represents citizens against the government in these cases.
Sentencing attorneys are likely to represent citizens in three main circumstances. Often, a conviction attorney will attempt to help a citizen prevent government conviction or property acquisition. This usually means arguing that the government’s proposed purpose is not appropriate for an eminent domain invocation. It is also quite common for a sentencing attorney to focus on seeking greater compensation for the citizen, arguing a higher interest rate for the property or interest in question.
Less often, a conviction attorney will represent a citizen in what is called a reverse conviction action. In such an action, a citizen whose property has already been condemned files a lawsuit against the relevant government to have the property returned. This is usually based on a theory that the original conviction was inadequately supported by public need or insufficiently compensated below the FMV.
It is worth noting that the term “property” usually refers to land or real estate, but it can also refer to personal property such as a car or hammer. Furthermore, this term may even refer to intellectual property. It is also important to note that the term “condemnation” as used here is different from the term used to describe the closure of a structure or property due to safety concerns. The latter is likely to be handled by a real estate attorney rather than a sentencing attorney.
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