< Back

Eminent Domain/Inverse Condemnation

Plank Law Firm has a seasoned litigation department, experienced in litigating civil and administrative cases.

Eminent Domain

Eminent domain cases are complex, both in process and in terminology. Laws that may seem clear-cut may lead to conflicts between the parties in interpretation and are constantly changing. The Plank Law Firm attorneys will be with you through the entire process, explaining what has happened, what is next in the process, defining alternatives, recommending what is best for you, and defending your constitutional rights - from our first consultation until the money from the appropriation is in your hands. We handle cases involving the appropriation of real property (not personal property).

Our team of attorneys are knowledgeable in virtually every aspect of real estate, which is extremely helpful when negotiating or litigating a resolution of an eminent domain case.

We have represented both sides – the property owner and a condemning authority; we know the strategies used that benefit those two sides – both in terms of legal strategies and negotiation tactic strategies. This practical experience and knowledge is highly valuable when negotiating the best results for our clients.

Legal counsel must know the law as there are federal, state, county and local regulations and a significant body of case law (or common law) that apply in different instances.

From the property owner’s perspective, one of the property owner’s basic rights granted by the Constitution of the United States is the right to own property and use it and develop it in the way in which the property owner sees fit, as permitted under local zoning regulations. Unfortunately, if your property is being taken by a governmental entity for the “greater good and a public purpose” in an eminent domain action, except in unusual circumstances, you cannot stop the process; but it is your right to challenge the money offered for your property if you believe the amount is unfair or not representative of fair market value. Since you will be called upon to support your opinion with facts and figures, you need representation by attorneys who have the experience and expert connections to provide the information quickly and cost effectively. The Plank Law Firm can help you work with an appraiser to determine a fair property value based on the market and its highest and best use; represent the client in conflict resolution and negotiation; and define the property owner’s rights to compensation if condemnation action is abandoned or if payment is delayed.

When representing the condemning authority, the Plank Law Firm works with the client to identify strategies to acquire the necessary property rights within budgetary constraints and advise the condemning authority regarding compliance with constitutional and statutory requirements for appropriating real property.

Plank Law Firm can work with in-house counsel, third party attorneys, or directly represent the governmental entity client in the eminent domain process.

Inverse Condemnation

Related to eminent domain, inverse condemnation occurs when a governmental action results in a property owner losing the functionality of all or part of his/her property resulting in the diminution in value of that property. Although not every governmental action that causes a property to lose value is compensable, there are instances in which the government can be legally ordered to pay a property owner compensation because of the government’s actions. The Plank Law Firm has forced governments to pay compensation - when methane gas from a municipal land fill invaded the client’s property making it undevelopable; when the municipal stormwater system repeatedly flooded the clients’ basements in its apartment complex; when the municipality zoning restrictions rendered the client’s property valueless.

If you believe a governmental entity is interfering with your property rights, you should consult with a law firm experienced in eminent domain law. We would suggest that your law firm of choice be the Plank Law Firm.