Articles on Eminent Domain
Eminent Domain is the government’s exercise of their right to take property for a public purpose. We represent property owners in these actions. The objective is to challenge the taking and / or to ensure maximum payment for our client’s property.
Maximizing recovery requires understanding every detail of the property and all legal remedies available. This requires more than just understanding land values. It involves understanding the impact of the taking, cure plans, the limits of government authority, and so much more. We work with a team of engineers and appraisers to thoroughly analyze each parcel we handle. We then custom tailor a strategy designed to maximize recovery.
If the taking authority will not agree to pay you the amount you believe your property is worth, you have the right to take the issue to trial and have the matter decided by a jury. We have experience representing banks, commercial office buildings, home owners, hotels, landlords, tenants, developers and other types of property owners in these actions.
We work on a contingency basis, but the arrangement is different than contingency arrangements in other types of cases. For example, in a typical personal injury case if you recover $1,000,000, the attorney fee is taken from the recovery, such that you actually receive an amount less than $1,000,000. In an eminent domain action, the taking authority is required by law to pay the attorney fee separately from the recovery. So in an eminent domain action, if the jury awards $1,000,000, you receive the full $1,000,000 and the taking authority pays our fee separately.