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.

There are many things even a knowledgeable property owner may not know about resolving value differences when the eminent domain power is being threatened. As a consequence owners may leave money on the table that was rightfully their’s or experience other adverse taking impacts that could have been avoided. Read this helpful article to make sure you are negotiating with the government from a position of strength and knowledge.  

Read More

Over the last several years, regularly occurring flood events have led to significant housing, property and economic losses across the country. When such an event happens, many landowners wonder if the government is to blame and, if so, whether compensation for injury and damage to property may be available under a takings theory. Read this helpful article to gain a basic understanding of this issue and some of the things a landowner may wish to do when confronted with a flood-induced event. 

Read More

In order to continuously develop, improve and maintain the vast transportation network that makes up America’s highway system each year, large amounts of private property must be acquired, either through voluntary negotiations with property owners or by the exercise of the eminent domain power. As a result, the taking of property for highways generally exceeds the taking of property for all other public purposes. Whether federal, state or local, when the highway department contacts you about a taking of your property, prepare yourself by reading this helpful article. 

Read More

The term “condemnation” can sometimes be confusing. When it is used to signal the possible taking of your property by a governmental body because of alleged code violations or claims that the property or structure is unfit, unsafe or uninhabitable, this article may provide you with some helpful information about protecting your property rights.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More
close