New Orleans Eminent Domain Attorneys
Helping Property Owners Navigate Condemnation Proceedings
Under eminent domain, the government has the right to take personal property—with fair pay—for public use. This applies to the federal government, as well as state and local governments. However, government agencies often misuse eminent domain or violate property owners’ rights when initiating condemnation proceedings. If you are facing an eminent domain issue, we strongly recommend that you hire an experienced attorney, like those at Potts Law Firm.
From our office in New Orleans, we assist clients with all types of eminent domain and condemnation matters, including filing inverse condemnation claims, seeking fair market value, land services agreements, and stopping eminent domain. Our attorneys can help you prepare for your lawsuit and fight to protect your rights every step of the way.
For a free consultation with our New Orleans eminent domain attorneys, call (506) 677-8259 or contact us online today.
What Types of Property Are Condemnable Under Eminent Domain?
Although most eminent domain cases involve real estate, this is not the only type of private property that can be seized by the government under eminent domain. In fact, eminent domain can be used to seize real estate property, intellectual property, and other forms of private property.
Some examples of the various types of private property that can be condemned under eminent domain include:
- Commercial real estate
- Intellectual property, such as copyrights
- Investment funds
As the owner of such property, you have the right to challenge eminent domain. However, doing so is very difficult; we strongly recommend that you work with a skilled legal team that has experience in this particular area of law. At Potts Law Firm, our New Orleans eminent domain attorneys have successfully handled numerous cases on behalf of private property owners throughout Louisiana. We are committed to protecting your rights and pursuing the best possible outcome in your case.
Eminent Domain Disputes
Unfortunately, eminent domain abuse can and does occur, especially as politicians continue to receive kickbacks from private developers. This often happens in areas deemed “blighted” or run-down by local councils. Politicians can unjustly use eminent domain to push people out of their homes for poorly conceived public works that, ultimately, never materialize.
Most eminent domain disputes are based on one or both of the following issues:
- Fair Public Use: To be legal, government seizure of private property must be done to make way for “fair public use.” However, exactly what constitutes fair public use has largely been left up to the states, meaning this is a particularly complex and thorny area of eminent domain. If you believe that a government agency violated your rights regarding eminent domain and fair public use, reach out to our team today for the legal representation you need.
- Fair Pay: Additionally, condemning agencies must offer “fair pay” based on the fair market value for the condemned property. When this does not happen, the private property owner can initiate inverse condemnation. If the condemning agency still refuses to offer the fair market value of the private property as compensation, it may be possible to stop eminent domain proceedings. Again, we urge you to contact the experienced lawyers at Potts Law Firm right away for help with your claim.
Our team can assist you with all types of eminent domain and condemnation disputes. We are ready to discuss your legal options with you during a free, no-obligation consultation.
Schedule a complimentary consultation and case review with our team today; call our office in New Orleans at (506) 677-8259 or reach us online using our secure contact form.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Great law firm!- Hugo G.
When Can the Government Seize Private Property?
The government has the right to seize private property under eminent domain when it:
- Intends to use the private property for “fair public use”
- Offers the private property owner “fair” pay (based on the fair market value) for the property
If the condemning agency fails to meet either criteria, the private property owner may dispute the validity or legality of condemnation. The private property owner may also file what is known as an “inverse condemnation claim” to seek the actual fair market value of their property when this is not offered by the condemning agency.
Generally speaking, the government seizes private property under eminent domain to make way for public works, buildings, or infrastructure intended for public use, purpose, or good. For example, the government can seize part of or your entire property to make way for a new highway, railroad, pipeline, or similar construction.
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 $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.
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.
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.