Eminent domain IT'S ALL ABOUT THE RIGHT CHOICE

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.

Why Hire Our Little Rock Eminent Domain Attorneys?

At Potts Law Firm, we are committed to protecting the rights of property owners throughout Arkansas. We understand the nuanced laws and regulations that apply in eminent domain and condemnation proceedings and can help you navigate this process.

Whether you need help filing an inverse condemnation claim for just compensation, or you are engaged in an eminent domain dispute, our team is ready to fight for you. We offer a highly personalized approach, taking the time to get to know our clients, listen to their unique concerns, and develop innovative strategies aimed at protecting their rights and securing the best possible outcomes on their behalf. As your legal team, we will be there for you every step of the way, available to answer your questions and provide honest, straightforward legal counsel tailored to your individual situation.

We are prepared to assist you with all aspects of your eminent domain matter, including handling requests for survey letters, communicating with the condemning authority on your behalf, reviewing appraisals, responding to the initial offer letter, and more. While we strive for swift, favorable resolutions in these cases, we are fully prepared to take your case to court if necessary.

IT'S ALL ABOUT YOUR SUCCESS

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