Eminent Domain or Condemnation
The laws and procedures of eminent domain, also known as condemnation, vary from state to state. Each state has precise policies, procedures and legal precedent that complicate this area of law making the counsel of an experienced eminent domain attorney necessary.
To safeguard private property ownership against eminent domain power, the Fifth Amendment of the U.S. Constitution provides that private property can only be taken for a public use and when "just compensation" is paid. The Fifth Amendment may be clear, however, the complexity of eminent domain may cloud the situation with such issues as defining what constitutes public use and how just compensation should be calculated.
Complexity of Eminent Domain Law
Eminent domain procedures and laws are complex, requiring the skills of an experienced eminent domain attorney. From challenging the right to take to determining what is compensable and what procedures should be followed, these are the everyday issues handled by the eminent domain attorneys who are the members of the Owners' Counsel of America.
Owners' Counsel attorneys practice locally in nearly every state and, therefore, are knowledgeable about and experienced with the laws, procedures and issues unique to your state. Our experienced attorneys can explain how the process works, and can assist with any of the following issues:
- Pre-condemnation planning
- Challenging condemnation/eminent domain
- Private redevelopment and blight
- Relocation rights
- Obtaining just compensation
- Inverse condemnation and regulatory takings
- Protecting your property rights
- Property owner FAQs
The taking of one's property by the government through eminent domain or condemnation can be both an emotional and confusing process. The eminent domain lawyers affiliated with the Owners' Counsel are experienced in and understand the complex laws and regulations in this area of law.
Whether you have received a Uniform Land Acquisition letter, are negotiating the value of your property or find yourself threatened with litigation, our member attorneys are prepared to help you ensure that the taking of your property is just and legal and that you receive proper value for your real estate.
Contact an Eminent Domain Attorney
Locate an experienced eminent domain attorney affiliated with the Owners' Counsel to learn more about your property rights.
