Condemnation and Eminent Domain

Lawyers at Bowles Rice have significant experience in condemnation and eminent domain issues and have, in fact, represented  both condemning authorities and landowners.

Bowles Rice has represented public utilities, boards of education, development authorities and municipalities with respect to condemnation issues.  In addition, we have represented landowners, particularly in relation to the impact of condemnation on business and income-producing properties or where oil and gas or other mineral royalties are impacted by condemnation.    

Our approach to condemnation matters is to first assemble a team for each project including, as appropriate, surveyors, appraisers, design engineers, accountants, environmental experts and industry experts.  As appropriate, Bowles Rice lawyers with experience in the areas of bonds and finance, environmental law and tax law also may be called upon.

Whether we are representing the condemning authority or the landowner, our approach is focused on presenting the complete story and impact of the project.  In court, we frequently utilize a combination of maps, plats, photographs and financial information in a presentation designed to both educate and inform the jury of our client’s position and the desired outcome. 

Representing the Condemning Authority:

  • Assist at the project planning stage, regarding legal issues
  • Bowles Rice lawyers, experienced in financing and bond issuance, can assist with project financing
  • Title examination
  • Preparation of petition and obtaining right-of-entry
  • Commissioners’ hearings, mediations and trials

Representing the Landowner:

  • Pre-suit representation as to landowner’s concerns regarding the extent and necessity for the real estate to be condemned
  • Preparation for, and attendance at, commissioners’ hearings, mediation and trial
  • Coordination with Bowles Rice tax lawyers as to the tax implications of condemnation awards

Bowles Rice lawyers have experience throughout the region in matters related to condemnation and eminent domain and have been recognized by the leading peer review organizations for their work.  For more information, contact attorney Robert Bays.

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