Nationwide Eminent Domain Lawyers
Our collection of articles focuses on some of the key issues associated with eminent domain. Each author is a member of Owners' Counsel of America, a network of experienced condemnation attorneys dedicated to protecting the rights of private property owners nationwide.
The articles below are for informational purposes only and are not meant to be considered legal advice. If you are facing condemnation or other violation of your property rights, contact an Owners' Counsel attorney in your state for more information about how to protect your rights.
"Moving the Cat into the Hat: The Pursuit of Fairness in Condemnation, or, Whatever Happened to Creating a Partnership of Planning?" by Michael Rikon (New York)
In this 2011 article, Mr. Rikon criticizes Article 2 of New York's Eminent Domain Procedure Law (EDPL), the procedure used to approve and challenge condemnation. The article comments on the fact that New York is often oblivious to property rights in an eminent domain context.
"Kelo in the Country...HB198 and the taking of rural property" by Hertha Lund (Montana)
This article argues against Montana House Bill 198 that seeks to grant the power of eminent domain to a Canadian power company in order for that company to acquire private property throughout Montana for the purposes of constructing a private (for profit) "merchant" transmission line. Ms. Lund writes "rural landowners should not be sacrificed in the false choice between 'development' or 'property rights.'"
"Fair Market Value in a Down Market" by Alan T. Ackerman (Michigan)
This excerpt from the American Bar Association's 2009 annual review questions the ability to establish fair market value during a down real estate market. Mutual motivation and market timing are two key factors examined.
"The Perils of Prior Appraisal" by Michael Rikon (New York)
In this 2008 article, Mr. Rikon supports New York's two-step appraisal law for inverse condemnation but cautions against requesting draft appraisals since they are admissible at trial and may create problems by undermining the credibility of the appraiser. The role of the Appraisal Foundation and the Uniform Standards of Professional Appraisal Practice (USPAP) are discussed as related to this issue.
"Compensation for Loss of Visibility to and View from the Owner's Property" by James L. Thompson (Maryland)
The general law covering this issue (related to inverse condemnation) varies from state to state. The authors cite numerous case examples in this 2006 article, including their current litigation, and organize the disparities into three categories: legal principles, collateral factors and practice tips.
"Recent Developments in Public Use and Pretext in Eminent Domain" by Robert H. Thomas (Hawaii)
The courts response to the increasing number of landowners challenging government condemnation is examined in this 2005 article. The issue of pretext is illustrated by litigation in Hawaii involving a private property owner's claim that the county had delegated its power of eminent domain to a developer.
"The Public Use Requirement in Eminent Domain Law" by Keith M. Babcock and Brady R. Thomas (South Carolina)
The elasticity of South Carolina's legal interpretation of public use is the focus of this article. The South Carolina cases cited are from Jasper County and the cities of Charleston and Columbia. The landmark Kelo v. City of New London case is discussed, as well as select cases from Michigan and Hawaii.
