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Ombudsman in Eminent Domain

Ombudsman Assist Property Owners in Eminent Domain Disputes Property owners impacted by eminent domain have few options. In almost all cases, consulting with an attorney is always recommended. In a few states including Missouri, Virginia and Utah, there is additional assistance from an Ombudsman. The Ombudsman is a neutral, non-partisan mediator that protects the property […]

Real Estate Rent in Eminent Domain

How to determine value from rent in Eminent Domain? Business owners frequently experience a loss in business value when a portion of their property is acquired through eminent domain.   We recently evaluated a partial takings case for a property owner who operates a retail business that will likely realize a 20% decrease in business value […]

Business Damages Under Florida Eminent Domain Law

In most states, eminent domain will not compensate for business value (net profits) or the loss of business value.  Typically in eminent domain, a property owner is only entitled to compensation for the land taken, damages to the remainder (severance damages), and relocation benefits where necessary and applicable. There are of course exceptions to this […]

The Kelo Decision and Blight

Following the unfavorable Kelo decision in 2005,  governmental entities started abusing their power to exercise eminent domain and attempted to deem lower grade neighborhoods as blighted in order to acquire the property and have the area redeveloped in order to increase their tax base. Even though the area may not be technically blighted, governments have […]

Relocation Benefits in Eminent Domain

In eminent domain cases that result from transportation projects or any public use project, an owner’s only remedy is to insure that full payment is received for the property taken (direct damages) and any resulting loss in value to the property that remains (indirect, or severance damages).  Property owners are also entitled to relocation benefits when […]

Roundabouts in Eminent Domain

Roundabouts are becoming popular among states as there is construction more and more every year and they are outpacing the standard traffic light intersection projects.  In short, roundabouts are being used because they work well.  A roundabout used at the right location will let you get through the intersection more safely and in less time.  […]