Springfield, MO Eminent Domain Attorneys
Protecting Private Property Owners’ Rights in Missouri
Also known as condemnation, eminent domain refers to the right of government entities to seize private property—including land and real estate, as well as intangible property, such as intellectual property—for public use. To be lawful, condemnation must include fair pay to the property owner based on the property’s fair market value.
Unfortunately, the word “fair” is highly subjective—and the federal government leaves it up to the states to determine what is considered “fair pay.” Unsurprisingly, this often leads to disputes between condemning agencies and property owners. While it is possible to fight back against and even stop eminent domain, it is nearly impossible to do so without the help of a skilled legal team.
At Potts Law Firm, we represent clients nationwide in complex eminent domain proceedings. At our office in Springfield, MO, we provide a high level of personal attention and aggressive advocacy on behalf of private property owners. Our attorneys are well-versed in this nuanced area of law and can help protect your rights and best interests.
Call (417) 323-6752 for a free consultation with our Springfield eminent domain attorneys. You can also reach us online using our secure contact form.
Eminent Domain Disputes
With land growing scarcer and scarcer, eminent domain is often a necessity when it comes to expanding public works projects that impact and even enhance communities. However, while government agencies may initially wish to enact the greatest possible public good with as little private harm as possible, things become trickier when it comes to appraising property value.
It is important to consider not only the current value of the property but also the development’s economic growth and its impact on property taxes, security, and other relevant issues. Unfortunately, condemning agencies often work with independent appraisers who, in many cases, seek uniform values for all properties, regardless of special considerations. These appraisers may even justify valuations with old, outdated sales.
Some of the most common eminent domain disputes involve:
- Property appraisals and valuations
- Fair market value
- Fair public use
- “Blight” designations
In some cases, an area may be deemed “blighted,” even when property areas in the area disagree with this distinction. Local councils consider areas “blighted” when buildings are unsightly, unsafe, or otherwise unattractive. In certain circumstances, politicians may even receive kickbacks from private developers, leading to eminent domain abuses involving “blight” designations and other issues.
At Potts Law Firm, we represent clients in all types of eminent domain disputes. We stand up to local councils, state governments, and other condemning agencies who abuse or attempt to abuse eminent domain rights—and we are not afraid to take these cases to trial whenever necessary and appropriate.
What Is Inverse Condemnation?
Inverse condemnation is the process of seeking fair compensation for a property condemned under eminent domain. When the government seizes your property under eminent domain without offering fair pay, you can file an inverse condemnation claim and seek the actual fair market value for your property. Thus, you are essentially filing a claim against the government for fair compensation for your condemned property.
It is important that you work with an experienced eminent domain attorney, like those at Potts Law Firm. Property rights and laws are very complex; an attorney from our firm can help you understand your legal options and protect your best interests as you navigate the legal process.
Contact us online or by phone at (417) 323-6752 to schedule a complimentary consultation and case review with our legal team.
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 highly recommend Adam and Potts Law Firm- Mary H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
In addition to offering fair compensation, the government may only seize property when it does so for public use, good, or purpose. This means that a condemning agency generally cannot seize your property without your consent for private use.
Some examples of public use include:
- Developing land for highways or roads
- Building public schools and other buildings
- Building pipelines/oil and gas production infrastructure
- Making way for public transportation infrastructure
- Designating land for nature reserves or state parks
- Creating reservoirs and water treatment plants
Property cannot be acquired for private use under eminent domain. If a condemning agency cannot prove that the seized property is intended for valid public use, it may be possible to stop eminent domain altogether.
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.