Eminent Domain & Condemnation
As the population in our region continues to grow, so too does the need for more roads and infrastructures. This means the government frequently seeks to acquire private property to put to public use. We offer counseling and litigation services to evaluate, negotiate, and defend condemnation, actions (eminent domain), as well as inverse condemnation, and regulatory takings. Careful valuation of property takings, business interruption, and severance damages is usually the first step. Our lawyers are knowledgeable in the applicable law regarding "just compensation" and the rights of property owners to receive the damages to which they are entitled. Our lawyers have represented residential, commercial, agricultural, and industrial property owners in condemnation proceedings brought by federal, state, and local governments and agencies, including transportation departments, highway districts, cities/counties, utility providers, railroads, and other entities which possess the power of eminent domain authority.
We help our clients decide whether or not accepting the compensation offered for the property is in their best interest. We can negotiate or, when necessary, litigate with the condemnor challenging its right to take the property or the amount of just compensation owed. We scrutinize the public purpose of the proposed acquisition, identify bad faith negotiation tactics, and critique the amount of compensation, the form of payment, and whether additional compensation, such as temporary business damages or severance damages, is warranted.
Regulatory takings
Government regulatory condemnation can have an enormous impact on a property owner's financial interests. Development, rules, codes, statutes, ordinances and other forms of government regulation can sometimes go too far and render private property virtually useless. When these onerous restrictions are implemented, it is as if the government seized the property or eliminated all of its value even though the property owner still has the title. Our lawyers can assist property owners in evaluating regulatory taking issues and, when appropriate, pursue just compensation for the impact of offending regulations.
The lawyers and paralegals at Ramsden, Marfice, Ealy & De Smet bring considerable eminent domain and condemnation law experience to the table. We have negotiated, settled and even litigated scores of eminent domain cases. Our condemnation law attorneys also have in-depth knowledge of many of the public entities involved. With the assistance of competent consultants, including engineers, appraisers, brokers, architects, and land use planners, we strive to meet our clients' goals of minimizing property loss and maximizing compensation.