Little Rock Eminent Domain Lawyers
Protecting Property Owners’ Rights
Outlined in the Fifth Amendment to the U.S. Constitution, eminent domain refers to the right of the government to seize private property for public use with proper pay. Eminent domain and condemnation disputes arise when local, state, and federal government agencies improperly expropriate private property, whether by failing to offer the owner the fair market value of the property as payment or by seizing property for non-public use.
If you need help with an eminent domain matter, reach out to Potts Law Firm today. At our office in Little Rock, AR, we represent private property owners with all types of eminent domain and condemnation-related disputes. Our attorneys have the experience and resources to take on large, complex cases and go up against powerful government agencies. We have a proven track record of success in this nuanced and challenging area of law; let our team fight for you and your rights.
Call (501) 299-9270 or reach us online. Your initial consultation is free.
Types of Eminent Domain Disputes
As previously mentioned, eminent domain disputes tend to arise when a government agency fails to follow proper protocol when enacting condemnation proceedings.
Two of the most common eminent domain disputes involve:
- “Just” Compensation: Government agencies must provide “just” compensation when seizing property under eminent domain. This generally means the fair market value of the property. However, what is “fair” is often left open to interpretation. Condemning agencies often use independent appraisers who have an interest in obtaining a uniform value for all properties appraised. Many will use old sales to justify valuations, which can lead to property owners becoming locked into sales that do not fairly compensate them based on the true, current fair market value of their properties.
- “Fair” Public Use: Another common issue in eminent domain cases is the issue of “fair” public use. Condemning agencies can only seize private property for public use, good, purpose, or necessity. However, the U.S. Supreme Court has left it up to the states to decide what constitutes “public use.” As a result, many private property owners are dispossessed of their real and intellectual property for various developments and projects that never come to fruition. In other instances, condemning agencies and property owners disagree on what constitutes “fair public use,” leading to disputes.
Eminent domain disputes are extremely complex, as are property owner rights, zoning laws, and related issues. It is important that you work with a knowledgeable attorney, like ours at Potts Law Firm, who can help you protect your rights throughout the legal process.
Understanding Eminent Domain
Under eminent domain, the government—including the federal government, as well as state and local governments—has the right to take private property for public use as long as it offers the private property owner “fair” compensation.
Although it is most often used to seize real property for the construction of highways, roads, pipelines, railroads, public transportation lines, and buildings in the service of public good, eminent domain does not only cover real estate. It can also be used to seize intangible property, such as contract rights, trade secrets, patents, and other intellectual property.
Additionally, eminent domain can be used to transfer a title or some lesser interest to take control of the property entirely or partially. This includes easements and full fee simple titles.
Contact us online or call (501) 299-9270 to speak to one of our Little Rock eminent domain lawyers about your legal rights and options at absolutely no cost.
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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.