Areas of Practice
Eminent Domain/Condemnation
Eminent domain (or condemnation) is the right of the federal, state or local government to take private property for public use. The taking may be for a project as simple as a water or sewer line; or, may be for a right of way or even a public building, such as a school or other government building.
Although the government's right to take property is broad, the Constitution prohibits the taking of private property without just compensation. Just compensation means "a fair equivalent in money" or fair market value. The value of real property is often based upon recent sales of comparable properties; however, no two parcels of real estate are exactly the same and many factors may affect the value.
In almost all cases, the government will make a property owner an offer to purchase their property filing a condemnation lawsuit. Government representatives should be willing to discuss the project and answer any questions that the owner may have. However, under any circumstances, it may be in your best interest to consult an attorney to discuss your situation if you believe your land is going to be condemned.
Our firm has represented both individual landowners and governmental entities in eminent domain and inverse condemnation cases. If you believe that your property may be condemned and you would like to discuss this matter, please do not hesitate to contact us. Initial consultations in these types of cases are always free of charge.