Eminent Domain

The eminent domain process is complex, and battling the state or federal government can be daunting. The government will have a team of attorneys promoting its rights. Property owners should have the same legal protection. Lollar Law helps to ensure that property owners understand the legal process, their rights under eminent domain law and that they must assert those rights to obtain fair compensation for their property. With experience, knowledge and skill, our firm is able to challenge the government on behalf of property and business owners to obtain maximum compensation for any damages resulting from an eminent domain taking.

What is eminent domain?

Eminent domain is defined as “a right of a government to take private property for public use by virtue of the superior dominion of the sovereign power over all lands within its jurisdiction”. In other words, the government and other authorized entities have the power to take private property for public purposes such as new highways, utilities easements, road reconstruction, and governmental buildings to name a few.

Do I have to accept the condemning authority’s offer?

No. Every property owner has the right to challenge an offer from a condemning authority.

What is just compensation?

Just compensation is the amount of compensation that is required to ensure the property owner is made whole, or in the same financial position, as they were before the taking.

Can I stop the government from taking my property?

The eminent domain process can be stopped if the proposed taking does not meet the requirements for public good or necessity.

What compensation am I entitled to if my property is taken?

In certain situations, a property owner may be entitled to business damages and losses, relocation expenses, attorney and appraiser fees, as well as any damages to remaining land.

When should I contact an eminent domain attorney?

If your property is being seized by the government through eminent domain, the sooner you hire an eminent domain attorney, the better. The government and its team have most likely been planning its projects for months or even years before the property owner is made aware. They have had plenty of time to prepare and plan a way to get your property at the lowest cost they can. You need an eminent domain team that is skilled at challenging the condemning authority and has your best interest at heart.