Eminent Domain or Condemnation
What is Eminent Domain?
Eminent Domain – also referred to as “condemnation” – is the power of local, state or federal government agencies to take private property for public use provided the owner is paid just compensation. Private corporations such as oil and gas companies, railroads or redevelopment authorities may also be granted eminent domain power to complete certain projects benefiting the public.
While the project for which eminent domain is used may be intended to benefit the public, it does not always benefit the private owner whose property lies in the footprint of the proposed project. The government and other entities armed with the power of eminent domain may take – or condemn – property even if the owner does not want to sell.
Each condemnation attorney affiliated with Owners’ Counsel of America is passionate about defending private landowners threatened by eminent domain. OCA lawyers fight hard for their landowner clients, employing all their legal abilities and experience to challenge the taking, when appropriate, or to obtain the full and fair payment of just compensation.
Complexity of Eminent Domain Law
Eminent domain is a specialized area of law. Condemnation laws and procedures are complex and vary from state to state. While each state has precise policies, procedures and legal precedent that must be followed, the federal government and federal courts may follow a different set of procedures and rules. Owners’ Counsel of America attorneys are experienced in and understand the complexities and intricacies of eminent domain law. OCA lawyers can navigate the process, defending your rights and guiding you toward the best outcome.
Important factors – such as what constitutes public use, how should just compensation be calculated, what damages has the remaining property suffered due to the condemnation and are business damages or loss of good will compensable – complicate this area of law, making the counsel of an experienced attorney a necessity. From challenging the right to take to determining what damages are compensable and what procedures should be followed – these are the issues OCA condemnation attorneys tackle every day.
The taking of private property by the government using the power of eminent domain can be both an emotional and confusing process. The government has skilled eminent domain lawyers working for them, shouldn’t you?