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Bankruptcy and Eminent Domain

When a property owner files for bankruptcy, all proceedings against them are stayed to allow time to reorganize assets and, in some instances, repay creditors.  However, bankruptcy courts across the country have held that there are certain situations where actions against a debtor will not be stayed, including those initiated by the government.   When a […]

Landowner Expectations vs. Land Use Regulations

The U.S. Supreme Court has long held that land use regulations (e.g. zoning ordinances) can go “too far” and cause a “taking” of property for which just compensation must be paid under the fifth amendment of the Constitution. These cases are known as “regulatory takings.”  Less clear is how to establish how far is “too far.” […]

Tax Considerations in Eminent Domain

Eminent domain is the process by which the government or another entity has the ability to take private property for public use. Any property taken through eminent domain must be fairly compensated. This triggers a process by which “fair compensation” is determined. Once this process is complete, the condemning authority will pay an award to […]

Farm Land and Eminent Domain

Are you a farmer and impacted by eminent domain? There some things you should consider. We have represented farmers in many states across the country, but we have more specifically worked with more farmers in Iowa, Minnesota, and Wisconsin; which is part America’s heartland and prime farm land. As any farmer can tell you, if […]

The Eminent Domain Process and What to Expect

When the government initiates the acquisition process, it will attempt to negotiate the purchase of your property just like any buyer might. If you and the government cannot agree on a price, the government can proceed with eminent domain. Keep in mind that the government is like any buyer, it will want to buy your […]

Property Owner Timeline in Eminent Domain

Each state has different statutes and condemnation procedures. For this reason (among others), it is important for property owners to consult with an attorney experienced in eminent domain. Although procedures vary from state to state (and agency to agency), this property owner timeline in eminent domain is designed to map the typical process a property […]

Negotiating in Eminent Domain

Should you Negotiate with the Government when impacted by Eminent Domain? Property owners that are affected by eminent domain have few options once they receive an offer for their property. Typically, the owner is dealing with the Government, which has vast experience acquiring property. Depending on the state the property owner is in, it may […]

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 […]

Wisconsin Supreme Court Adopts Our Position

On February 28th, 2012 the Wisconsin Supreme Court adopted our position of the property owner relative to the application of summary judgment to forfeiture procedures in State v. Ryan , 2012 WI 16 (Feb. 28, 2012). In this case, the state alleged that our client, Basil E. Ryan, Jr. unlawfully placed and maintained a sunken barge […]