Pre-Condemnation Planning

Pre-Condemnation Planning

Eminent domain gives the government and authorized entities the ability to take your land for public use projects, so long as you are paid just compensation for that land. It’s a complex process under a complicated law, but know that you have rights under the 5th Amendment, and we are dedicated to protecting those rights.

When the government or its authorized entities make contact with you about taking your land, your initial reaction may be anger, despair, frustration, and even heartbreak as no homeowner, farmer, or business owner wants to lose the property they have worked so hard to build or acquire. But there are measures you need to take to ensure your rights aren’t violated during the process of eminent domain.

First Steps – gather as much information as you can about the project that is affecting your land. Attend town meetings and public hearings, and speak with your neighbors. Be careful what you say at these meetings, however, because recorded or written statements may be used against you later.

Avoid any sale offers or contracts of sale that could value the property and don’t have your property appraised. When we have your property approved the appraisal is protected by attorney – client confidentially, but your own appraisal is not.

Speak to us before you allow your land to be environmentally tested and before you allow your land to be inspected, and before you reveal anything about what you think the value of your land is at a meeting with a representative of the condemning entity. How you answer these types of questions could limit our negotiations and have a significant impact on the outcome of your case.

We are a nationwide team of attorneys, appraisers, and real estate experts that are dedicated to protecting the rights of all property owners who are being impacted by the gas and oil boom, transportation projects, and utility projects. We can help you get the maximum compensation available under the law for your land no matter what type of property you have, including –

  • Residential property and private land
  • Commercial and retail properties
  • Industrial use lands
  • Special use and special purpose properties
  • Farmland and ranches

Landlords and tenants may be particularly affected by eminent domain and pipeline projects like the Shin Oak NGL pipeline in Texas or the Rover Pipeline in Ohio and the contracts between the two could have an effect on how your case is handled, how the property is valuated, and how damages are awarded. Talk to us today if your property is being taken. We will fight for your rights.