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Early in July, Texas lawmakers passed a bill designed to make the process of eminent domain more accessible and transparent for property owners. Eminent domain allows government authorities and utilities to acquire private property for public interest projects like pipelines and roads. Property owners who lose land under eminent domain are supposed to be sufficiently […]
In a recent Wisconsin Supreme Court decision, Southport Commons, LLC v. Dep’t of Trasp., the Wisconsin Supreme Court once again restricted the ability of property owners to recover damages when they are negatively impacted by state road projects. Unfortunately, I think the Court got this one wrong. But it will be up to the Legislature […]
An owner must be compensated for all damage the condemnor will have a right to inflict on the property and not just for what the condemnor plans to do with the land acquired. In other words, courts must presume that condemnor will use the rights acquired to their maximum extent. This is called the Fullest […]
Oftentimes in condemnation, a retail store owner or convenience store owner will need to relocate their business. Even minor changes of geography can have a major impact on sales. The government often claims that this decline in sales is due to the business owner and refuses to provide compensation for this loss, thus overlooking a […]
We place significant emphasis on educating property owners in recognizing damages in eminent domain cases. Why? Because damages determine the amount of just compensation a property owner receives, and they are frequently overlooked by appraisers. The concept of valuing excess land in eminent domain cases rarely occurs, but when it does, it is a notion […]
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 […]
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.” […]
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 […]
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 […]
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 […]