Eminent Domain/Inverse Condemnation

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Eminent domain is a highly technical area of law that presents unique challenges.  The eminent domain attorneys at Lounsbery Ferguson Altona & Peak are specialists who can provide expert guidance to private sector clients.  Assistance extends to inverse condemnation, when private property is taken or damaged by a public agency without the necessary compensation.

The Public Process

The attorneys at LFAP advise on the procedural requirements, including the offer process, legislative body approvals and hearings, and litigation.  They are adept at all aspects of statutory compliance; initiating the necessary proceedings; the varying valuation methods for real property interests; the valuation of loss of business goodwill; relocation expenses; immediate possession; and the components of pre-trial, trial and appellate work.

Valuation

Condemnation cases generally turn on the determination of the value of the property being taken.  Such valuation requires the specialized services of experts such as real estate appraisers, business valuation appraisers, relocation consultants, right-of-way agents, and engineers.  LFAP attorneys will coordinate and guide these experts to obtain an optimal result, and have long-established relationships with the region’s experts in these areas.

The Courts 

Although acquisitions can, and often do, conclude without the need for litigation, it is vital to be prepared for those occasions when unresolved disagreements make a judicial determination necessary.  Such disagreements include the public entity’s right to take property, the value of the property itself, and the timing, method and substance of the acquisition.  When necessary, the attorneys at LFAP are experienced in advancing and protecting these rights in the court.

Private Rights

The Federal government, the State, counties, cities, districts, agencies – even investor-owned utilities, have the right to condemn private property for public use.  That right is subject to the duty to fairly compensate the private property owner for the taking. LFAP attorneys understand the unique value and importance of private property and are dedicated to protecting the rights of our private clients.

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