General Articles

November 2nd, 2015 — In Articles

Easements and Restrictive Covenants: When the Government Takes Without Taking

When most people think about eminent domain and the condemnation of private property, they imagine the government acquiring a citizen’s private property and converting it to a public use. While this is often the case, it is not the only way that the government can acquire private property. Governments may claim “non-possessory” rights in private land. Such rights allow the government to either (i) use, or (ii) place restrictions...

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October 28th, 2015 — In Articles

The Keystone XL Pipeline Isn’t the Only Pipeline Concerning Property Owners

We have talked a lot recently about the ongoing debate and eminent domain issues involving TransCanada’s proposed Keystone XL Pipeline across the western United States. But, this is by no means the only pipeline activity going on in the country. In fact, up and down the East Coast, property owners – many of whom are represented by our eminent domain lawyers – are battling to protect their land against...

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October 22nd, 2015 — In Articles

Non-Possessory Takings: North Carolina Supreme Court to Consider Inverse Condemnation in Future Highway Development Case

In a case that has garnered national attention, the North Carolina Supreme Court has agreed to review a court of appeals decision holding that a state statute effected a taking – and thereby implicated the property owners’ Constitutional rights. It is an interesting case — one that could have significant implications for property owners across the country.

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October 12th, 2015 — In Articles

Just Compensation, Relocation Expenses and Attorneys’ Fees: Financial Compensation in Eminent Domain

Property owners who have their land condemned by the government are entitled to just compensation. This is a fundamental right established by the Fifth Amendment to the U.S. Constitution and contained in state constitutions as well. While these constitutional protections are often the greatest source of compensation for property owners in eminent domain cases, they are not the only sources. Depending on the circumstances, various statutes may provide additional...

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September 28th, 2015 — In Articles

Recent New York Condemnation Case Highlights Key Issues for Owners Seeking to Protect Their Property

A recent decision from New York highlights many of the key arguments that eminent domain attorneys can raise on behalf of their landowner clients in cases involving eminent domain. Although the property owners in this case were unsuccessful in their attempt to dismiss the taking, the arguments are instructive for property owners considering taking action to protect their legal rights.

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September 21st, 2015 — In Articles

More Answers to Property Owners’ Frequently Asked Questions about Eminent Domain

The concepts – and even terminology – involved in eminent domain law are complex and can be confusing. To help property owners understand the condemnation process, we have published answers to many frequently asked questions (FAQs). In this article, we provide answers to some additional FAQs that might be helpful to property owners. The answers provided are for informational purposes only, and should not be construed as legal advice....

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September 5th, 2015 — In Articles

Can I Afford to Hire an Eminent Domain Attorney?

You have received a notice from the government informing you that your property is needed for a public project.  The notice suggests that the government will use its power of eminent domain to take your property, if you can not reach an agreement on the price that the government should pay you for your land.  The idea of challenging the government to defend your property, protect your rights and make sure that you are compensated fairly...

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September 4th, 2015 — In Articles

Property Owners’ Frequently Asked Questions About the Keystone XL Pipeline

If you own property on the proposed route of the Keystone XL Pipeline, it is important to understand your legal rights. Below are answers to some frequently asked questions about the Keystone XL Pipeline. You can also read our answers to frequently asked questions about eminent domain.

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September 2nd, 2015 — In Articles

Understanding Your Rights in Inverse Condemnation and Regulatory Takings Cases

The Fifth Amendment to the U.S. Constitution establishes that the government must pay property owners just compensation for the taking of private property for a public purpose. Most government takings involve the condemnation of private property using the power of eminent domain. In a typical eminent domain case, the government issues a notice in advance of the taking and in most jurisdictions makes an initial offer to purchase the...

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August 31st, 2015 — In Articles

U.S. House of Representatives Re-Introduces Bill Limiting the Government’s Exercise of Eminent Domain

United States Congressman Jim Sensenbrenner (R-Wis.) has re-introduced a bill in the House of Representatives that would place limits on federal, state and local governments’ exercise of the power of eminent domain. If passed, the Private Property Rights Protection Act (PPRPA) would provide a financial disincentive for state and local government agencies seeking to condemn private property for purposes of “economic development.”

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