PRACTICE AREAS - CONDEMNATION PROCEEDINGS
Condemnation issues arise when the government exercises its eminent domain
power to transfer title in real property from the landowner to itself, or takes
an interest in the landowner’s real property, i.e. an easement. Eminent domain
is the inherent power of the state to expropriate private property, or rights in
private property for its own use. It may also delegate it eminent domain powers
to third parties who will then devote the property to “public uses”, the most
common examples of this being railroads or public utilities.
The takings clause of the Constitution requires the government to compensate the
landowner when the government takes the landowner’s property. Most disputes in
condemnation proceedings arise over the value of the land the government is
taking. There is also a concept called “inverse condemnation” where the
government takes an action that isn’t on a landowner’s property but on property
that is adjacent to it The government’s action(s) taken on the adjacent land
then deprive the landowner of the total economic value of his property, but the
government refuses to pay for it. An example of this would be the owner of a
store with a parking lot where the government does road construction on the road
that provides access to his property. The road construction elevates the road
bed twelve feet higher than it previously was and eliminates the ability of the
landowner to provide access to his customers to his property thus depriving the
landowner of the economic value of his property.
We represent clients in borh condemnation and inverse condemnation proceedings.
We are committed to getting our clients the money they deserve when the
government either directly or indirectly takes the landowner’s property. We can
typically achieve these results through negotiation and settlement but sometimes
litigation is required. Please contact us with any questions you have regarding
the government seizing your property and we will gladly help you answering those
questions or if need be representing you to achieve your desired result.
This web site is designed for general information only. The information
presented at this site should not be construed to be formal legal advice nor the
formation of a lawyer / client relationship.