Call Us Today:
713-568-3565  (Direct)
800-610-2001 (Toll-free)
 

What is Eminent Domain?

Eminent Domain refers to a fundamental power of the government to take private property for a public purpose without the owner’s consent in return for reasonable or fair compensation. Although the government may have the right to take private property for public good, it may not do so without providing the landowner with fair compensation which often is defined in terms of fair market value of the property. A landowner’s rights to fair compensation are protected under the United States Constitution. The Fifth Amendment outlines, in pertinent part, that no person shall have their private property taken for public use without “just” or reasonable compensation. Just compensation may be considered the fair market value of the property the government seeks to obtain. The Government’s ability to take private property for public use is commonly referred to as “The Takings Clause”.

Why Should I Hire an Eminent Domain Attorney?

The eminent domain process can be complicated, confusing and often intimidating for a property or business owner. The government tries to portray to the public that they are protecting the interests of the property owner, unfortunately this generally is not the case. The primary focus of the condemning authority is to determine the cheapest way to acquire the desired property. It is critical that property and business owners faced with condemnation contact an experienced attorney at the earliest possible stage in the condemnation process. Consulting with an attorney who has extensive experience in eminent domain is the best way to ensure fair compensation for your losses.

If My Property is Affected by Eminent Domain, What am I Entitled To?

Depending on the specifics of a case, a property owner may be entitled to compensation for any or all of the following:

  • Fair market value of real property
  • Severance damages (i.e. damages resulting to the remainder after a portion of a larger parcel is condemned)
  • Fixtures, equipment and/or improvements pertaining to realty
  • Precondemnation damages
  • Relocation

When we work with experts to assess and determine the value of a piece of property, there are several key factors that they are going to consider that often times the government did not when making their initial valuation. Those factors include:

  • The property’s size
  • How the property will be zoned
  • Types of buildings and roads that currently exist on the property
  • Current property use
  • Highest and best use of property
  • How accessible the property is
  • What other business or land uses are adjacent or in close proximity
  • Whether or not there are landholders or leaseholders involved

How Does the Eminent Domain Process Work?

Don’t make the mistake of negotiating with the condemning authority without an attorney. Taking any action on your own is highly discouraged. Simply knowing what eminent domain is and educating yourself on the subject is not a substitute for complex legal knowledge possessed by eminent domain attorneys. Here is a quick summary of how eminent domain action works:

1. Condemning authority is interested in your property

2. Condemning authority hires an appraiser to inspect and appraise your property

3. Condemning authority makes an offer

4. If a final offer is not negotiated with the condemning authority, a public hearing is scheduled where agency has to prove necessity for greatest public good

5. Condemning authority will file a complaint against you in Superior Court

6. Condemning authority must deposit “probable compensation” and file a motion for prejudgment possession. You may object once again. If motion is approved, condemning authority may take possession of your property within 30 days

7. Your attorney will work with a team of experts to establish property’s value. Reports are exchanged with condemning authority

8. In most cases, parties come to an agreement through mediation

9. If no settlement is agreed upon, condemning authority will provide a final offer

10. If there is no financial agreement, a trial is held to determine fair market value of your property

News & Resources
Testimonials

  • Bill Barfield exudes professionalism and provides high quality of service. He is very timely in his responses and I am very thankful that I had him as my advocate. His passion for law is evident in his actions. He is a true client advocate and will do everything in his ability to provide stellar representation. Bill is very ethical and his integrity is valued. I highly endorse him.

    -Joseph Q.

  • Bill is an excellent litigator who posses the highest level of integrity. His work ethic and attention to detail also set him apart from other attorneys I have worked with in the past. He is an outstanding communicator who is always professional yet personable. Bill truly cares about his clients. Bill processed my case in a timely manner and always kept me updated as to the status of my case. He truly cared about what was best for me and my family. His work is exceptional; he is a credit to his profession. I fully endorse Bill Barfield.

    - Kennedy R.

  • Bill is an excellent litigator and aggresively pursues recovery for his clients. He displays strong moral character and exemplifies the professional standards we should expect from attorneys. He exhibits exceptional legal knowledge and strong advocacy skills.

    - Hong N.

  • I have known Mr. Barfield for many years and have worked many cases against him. Despite our adversarial positions, Bill has impressed me as being a top tier attorney in all regards; professionalism, ethics, knowledge of the law and ability to get the best results for his clients, and overall excellence. I highly recommend and endorse Bill for the highest ratings possible without any reservations.

    - Maria H.