Eminent Domain & Condemnation
We have extensive experience representing both individual landowners and businesses whose property or property rights are being acquired through eminent domain proceedings. We also represent governmental entities seeking to acquire property for a wide variety of uses, including airports, highways, bridges, water and sanitation facilities, parks and schools.
We are involved in every aspect of the acquisition process and often assist our clients in the pre-condemnation negotiation phase. Our experience in this area often helps our clients resolve the matter without litigation. Even if a settlement is not reached, our involvement at the negotiation stage helps the parties narrow the issues and understand their differences regarding valuation.
We represent parties in eminent domain proceedings in both state and federal court. These lawsuits are used to determine just compensation for the landowner and would include the fair market value of the property and property rights acquired, as well as any damages to the remainder in the event of a partial taking.
Our experience includes filing and defending inverse condemnation lawsuits. These lawsuits are filed by the landowner when the condemning authority has taken property or property rights without compensating the landowner or instituting formal condemnation proceedings. The taking can be physical (i.e. land seizure, flooding, deprivation of access or removal of ground support) or it can be a regulatory taking (when regulations are so onerous that they make the regulated property unusable by its owner for any reasonable or economically viable purpose).
We typically employ a team approach to our eminent domain matters and can help our clients retain other professionals to provide expert testimony, where needed.
We also consult with governmental entities and other attorneys who are faced with complicated and challenging issues in this area.