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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 […]

Wisconsin Supreme Court Rules on Contamination Valuation in Eminent Domain Claims

Wisconsin Supreme Court Rules on Contamination Valuation in Eminent Domain Claims The Wisconsin Supreme Court recently reviewed 260 North 12th Street, LLC v. Wisconsin DOT, 2010 WI App 138, 329 Wis. 2d 748, 792 N.W.2d 572 and took the majority state opinion that in condemnation proceedings, the government is allowed to introduce evidence of environmental contamination and […]

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.  […]