about eminent domain
Most people learn about eminent domain only when it lands on their doorstep. Eminent domain gives the government the power to take private property for public projects like roads, schools, greenways and extending water and electrical lines to increase utility capacity in growing areas. The Fifth Amendment allows these takings, but it also requires that the government pay you “just compensation.” Because the term isn’t clearly defined, the amount they offer can vary widely—and it can be negotiated.
The legal process behind eminent domain is called condemnation. Condemnation is a complex real estate litigation where the timing matters at every step. Even small missteps—like responding to the wrong person or missing a deadline—can limit your options and leave you without recourse. That’s why it makes sense to work with attorneys who focus on condemnation and understand how a taking affects your home, your plans, your business, or your community.
We’ll show you your options and guide you through the full range of issues that can arise in eminent domain and condemnation, including:
Disputed Appraisals
You’d expect the government’s appraisal to be accurate—yet many aren’t. We’ll review the report with you, show you what’s missing, and help you build a clear picture of how the taking will affect your property.
Abuse Of Eminent Domain Powers
If the government abuses its power, would you know? What if the government takes an easement but leaves no space for you? What if they pressure you to sign quickly? We know a correct taking when we see it.
Partial vs. Total Takes
A taking isn’t always all or nothing. Losing your driveway entrance, parking area, or even a strip along the property line can change how the rest works—and what it’s worth. As Keenya says, “There are no small takings. Consider how well your hand would function without your thumb.”
Inverse Condemnation
Inverse condemnation is when the government uses your property without going through the formal process first. Maybe construction crews didn’t realize they crossed the property line, or maybe they knew but proceeded anyway. Such issues can lead to real losses. We’ll document them so you can pursue extra compensation the government may owe you.
Properties Subject To A Deed Of Trust or Mortgage
When your property has a deed of trust or mortgage attached, the government is also taking part of your lender’s collateral, which means the lender may claim some—or all—of the payment. We know how the lender calculates its share—and how to keep as much of your compensation in your pocket as possible.
Temporary Construction Easements
These easements let the government use part of your property during a project. Maybe crews fence off part of your yard, block customer access, or stage equipment in your parking area. Such disruptions can last for years and affect operations, rentability, or property value. We’ll show you how these losses can turn into extra compensation.