Bentonville Eminent Domain Attorneys

Protecting the Rights of Bentonville Homeowners and Landowners

Under eminent domain, the federal government, Arkansas government, and local governments all have the power to seize private property for a public purpose. This means your property could be condemned and taken from you if a government entity wishes to expand a roadway or build a public park. You do have rights in these situations, and experienced legal professionals can fight to ensure you receive just compensation.

At Potts Law Firm, we are committed to protecting your interests when you learn the government plans to seize your property. Our Bentonville eminent domain lawyers understand how to effectively advocate for you in these complex, high-stakes situations. We will first determine whether the government has the right to take your property and will explore all available options if there is evidence that eminent domain powers are being abused. If the seizure is legitimate, we will make every effort to secure the maximum possible compensation. With over $1 billion recovered for our clients, our track record of delivering successful outcomes speaks for itself.

Call (479) 323-3738 or contact us online to schedule a free initial consultation as soon as you learn of the government’s intent to seize your property. Same-day appointments are available, and our firm offers services in English and Spanish.

How Can I Stop Eminent Domain in Arkansas?

No one wants to involuntarily lose their property, even if they receive compensation in the process. Unfortunately, government entities do have the power to take private property for public use thanks to the Fifth Amendment of the United States Constitution. This means that an eminent domain seizure cannot be stopped simply because you do not want to give up your land.

There are some instances where you may be able to challenge the government’s right to take your property. The government can only take property if it intends to use it for a valid public purpose. Whether a planned use for a property can be considered a legitimate public purpose can sometimes be ambiguous, and there have been cases where governments have stretched or abused the definition. Some public uses are fairly indisputable, while others may warrant scrutiny.

Governments can also label a building or neighborhood as “blighted,” meaning it is unsafe or unsightly and therefore eligible for redevelopment. Though there are genuine cases where the blighted designation makes sense, there are other scenarios where a government could declare a building or area blighted to justify spurious land seizures.

If you receive a condemnation notice, do not wait to reach out to our Bentonville eminent domain attorneys. We will carefully assess your situation and determine whether there is sufficient evidence to contest the government’s ability to take your land.

How Do Eminent Domain Disputes Work in Arkansas?

If you refuse an initial offer from a condemning authority, they will generally file a lawsuit against you. This will trigger an administrative hearing where appointed commissioners will evaluate the details of the case and decide the fair market value of your property. You will have an opportunity to present evidence and arguments in support of a number higher than what the condemning authority offered. This hearing is not a jury trial, however, so it is in your best interest to hire legal representatives who are familiar with how to successfully advocate for you in these proceedings. Potts Law Firm has considerable experience representing clients in these matters, and our team is ready to fight to protect your rights.

If you have received an inadequate offer for your property from the government, call (479) 323-3738 or contact us online to discuss your options.

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    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

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    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

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    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

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Explore our past successes
  • Commercial Property Dispute $645,000

    Potts Law Firm attorneys negotiated a settlement on behalf of a client whose land was taken by a private power line company. The company’s original offer of $430,000 failed to consider the decrease in aesthetic value that the scenic ranch in the Texas Hill Country would incur from the power line installation.

  • East Texas Residential Property $454,000

    Potts Law Firm attorneys negotiated on behalf of a residential property owner whose East Texas land was taken by the Texas Department of Transportation (TXDOT) to make way for new road construction. TxDOT's original offer of $31,343 did not consider damages that the remaining land would incur from the new road build.

  • Commercial Property Dispute $713,000

    Potts Law Firm attorneys negotiated on behalf of a commercial property owner whose land was taken by the Texas Department of Transportation (TXDOT) to make way for new road construction. TxDOT's original offer of $466,396 did not consider other reasonable comparable sales in the area.

  • Commercial Property Dispute Confidential Settlement

    Potts Law Firm attorneys negotiated on behalf of a South Texas commercial property owner whose land was taken by a private oil and gas pipeline company. Our eminent domain attorney utilized his past experience of working for the condemner to negotiate on behalf of his client.

  • Texas Residential Property $146,000

    Potts Law Firm attorneys negotiated on behalf of an East Texas residential property owner whose land was taken by a Texas condemnation authority. The original offer of $113,677 did not consider other reasonable comparable sales in the area.

What Am I Entitled to When My Property Is Seized?

The government cannot simply take your property. They must give you proper notice of their intent to condemn and seize your property for public use. In all likelihood, you will have plenty of notice, as the government will typically send appraisers, engineers, and legal professionals to assess your property well before they move to take control of it.

You must also receive fair compensation for property seized under eminent domain. “Fair” generally constitutes whatever is considered the current “fair market value” for the property, but the government will often attempt to pay you less than what you deserve.

When the government is ready to move forward with taking your property, it will present an offer. You are not obligated to accept this initial offer, and you should not assume it represents the fair market value for your property, no matter what the government says or how many professionals supposedly contributed to the figure. Legal professionals familiar with eminent domain law can help you determine the true value of your property and take steps to secure it.

Our Bentonville eminent domain lawyers understand how to get you the full amount you are entitled to under the law. We only take a contingency fee on the amount of money you receive over the figure in the initial offer, meaning you will owe us nothing if we are not able to facilitate a better result.


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