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Eminent Domain

Governments have the inherent right to take real property for public use through the exercise of eminent domain (also called condemnation). Other entities have the constitutionally or statutorily delegated right to take real property. The takings are limited by the federal and state constitutions, statutes, and court decisions.

In all cases, the condemning authority must provide the landowner with just compensation for the taking, damages to remaining real estate, uneconomical remnants, and inverse condemnation. Negotiations and litigation in this arena focus upon determining what is just compensation for the taking. Using expert testimony on such matters as highest and best use, damages, zoning, and similar factors, Lanier Ford’s attorneys appear before judicial tribunals to establish values that will justly compensate a landowner for the taking and damages to property.

Having represented both government entities and landowners, Lanier Ford’s real estate attorneys are experienced in both prosecuting and defending condemnation actions.

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