Featured Articles

Below you will find several articles on specific topics of interest to property owners in eminent domain and taking cases. These articles are written for general information and educational purposes only, and are not intended as legal advice. For a deeper understanding about any topic covered herein, you are advised to consult with an OCA lawyer or other attorney with experience in eminent domain matters. If you are unfamiliar with any of the terms used, please consult our Dictionary of Key Terms.

Don’t wait until a railroad corridor that you thought to be abandoned through your private property starts to be reconfigured into a multi-use trail. Prepare yourself with useful information about the Rails to Trails program and how it could impact you and your property rights.

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For many landowners having to submit to a formal deposition in an eminent domain case can be scary and intimidating. However, if the landowner has a good idea of what to expect and is properly prepared, the deposition should not be a matter of concern. Read about what you can do to make sure you are ready for your deposition.

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Some of the most worrisome issues for a landowner faced with in an eminent domain taking are can I afford to retain a lawyer, what should I expect in the way of attorney fees, and are any of my attorney fees recoverable? This helpful Article seeks to address these troubling questions.

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When the government intrudes on your property rights causing significant damage and injury, but does not file an eminent domain action to trigger your right to receive just compensation for the taking, you may have a claim for inverse condemnation. Read about this unique legal remedy that is based on the Fifth Amendment of the United States Constitution. 

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As in all things, knowledge is power. One of the best ways  a landowner can prepare for an anticipated taking of property by the use of eminent domain is to know your property and property rights. Read how you can become a better informed and knowledgeable property owner. 

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The Comparable Sales Approach (also sometimes called the Market Approach or Market Data Approach) is one of the most common valuation and appraisal methodologies for determining the fair market value of property in an eminent domain case. Learn about some of the basic components that make up this approach so you can be better informed in assessing and analyzing a determination of value derived from this approach.

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In most jurisdictions a landowner is allowed to provide testimony and an opinion of value of his or her property in an eminent domain proceeding. But to be a credible and strong witness there are many things a landowner needs to know and be prepared for. Read this handy primer on what to expect when you decide to become a witness in your own case. 

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The concept of Highest and Best Use can be of critical importance in a condemnation case and, in some instances, can be the primary reason for widely divergent opinions of the property’s value between the landowner and the condemning authority. To understand more about the concept and Highest and Best Use and the part it plays in valuation and appraisal methodology in an eminent domain case read this helpful article.

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