Safeguarding Property Owners Against Eminent Domain
People are often surprised to discover that private property can be taken by the government. Most people become aware of eminent domain (also known as "condemnation") when they discover that their property is needed for a project, such as wider roads or a commercial development.
To safeguard private property against the use of eminent domain, the Fifth Amendment of the U.S. Constitution states that private property can only be taken for a public use and only if "just compensation" is paid.
The Fifth Amendment is clear, but the issue becomes cloudy when defining what constitutes public use and which factors may be considered to calculate just compensation.
Experienced Eminent Domain Attorneys Representing Property Owners
One of government's greatest powers is its ability to take private property without the consent of the property owner. This use of eminent domain against landowners is limited by the Constitution on paper and by skilled condemnation attorneys affiliated with the Owners' Counsel of America. This power of the government to condemn private property and the actual process of 'taking' property for public use can be kept in check by skilled attorneys who are familiar with the laws and procedures of eminent domain and know how to narrow the scope of this power.
The eminent domain attorneys affiliated with the Owners' Counsel of America are experienced condemnation lawyers in private practice who represent property owners against the Federal, state and local governments, utilities, and any other entities that may be armed with eminent domain powers.
These eminent domain attorneys have united to form the Owners' Counsel of America national network to provide assistance to property owners across the country. Our network attorneys have been carefully selected because of their abilities and experience representing property owners in eminent domain.
A Network of Nationwide Condemnation Lawyers
The attorneys associated with the Owners' Counsel national network are specially selected and restricted to one member lawyer per state. Eminent domain attorneys affiliated with the Owners' Counsel practice in nearly every state across the country and are experienced with all types of takings issues and property valuation litigation that may occur in your jurisdiction.
These condemnation lawyers represent owners of every kind of private property: small commercial buildings, farms, homes, factories, retail centers, vacant land, parking lots and subdivision common ground, to name just a few. They are equipped to deal with any kind of property seizure or appropriation that affects every type of real estate holding.
Owners' Counsel attorneys have faced every imaginable condemnation situation. Frequent issues include:
- The recovery of damages to the remaining property in a partial taking by the government
- Determining when business damages are recoverable and minimizing business interruption
- How to challenge a condemnation in an effort to stop it
- How to maximize compensation when a property is zoned residential but the value should be commercial
- How to secure the maximum relocation benefits under the law
Eminent domain policies and procedures vary from state to state, locate an experienced eminent domain attorney affiliated with the Owners' Counsel of America for more information concerning your rights as a property owner.