Eminent Domain



REPRESENTATION OF PROPERTY AND BUSINESS OWNERS

The Eminent Domain attorneys at Roetzel work with private property and business owners to help protect their rights and interests. Eminent domain, also known as condemnation, is the process by which a governmental agency or quasi-governmental agency acquires private property for public use without the consent of the property owner. Representation of property owners in eminent domain matters includes pre-litigation planning, property analysis, business damage analysis, working with consulting expert witnesses, settlement negotiations, mediation, trial, and appellate practice. The condemnation process often spans several areas of law including, land use and zoning, environmental law, municipal law, real estate, corporate and tax law.  As a large law firm, Roetzel has experienced attorneys in all these areas of the law and can call upon them when needed.

Our Eminent Domain attorneys counsel property owners on the valuation of all types of property including commercial property such as shopping centers, office and industrial sites; residential properties including single family and multifamily sites; and other types of properties, including agricultural property. Our attorneys have represented residential property in matters involving community associations, waterfront property, subsidized housing and individual home owners.We have also provided representation to condemning authorities, such as municipalities and public utility companies.

We routinely address a broad spectrum of property valuation issues such as business damages, loss or diminishment of access, total and partial takings, wetland impacts on the valuation of property, loss of development potential and physical destruction or damages to adjacent property.

Our attorneys have extensive backgrounds at the trial and appellate levels in both state and federal courts, as well as in mediations. Working closely with other professionals that assist us in protecting our clients' interests, such as appraisers, land planners, accountants and engineers, our attorneys and our network of support professionals seek an award of fees directly from the condemning authority in states that have provisions that require the government to pay attorneys' fees and costs. States that have enacted such provisions include Colorado, Florida, Iowa, Michigan, Minnesota, New York, Ohio, Oklahoma, Oregon, South Carolina, Washington and Wisconsin. In those states, the condemning authority rather than the property or business owner is responsible for such fees and costs.

REPRESENTATION OF CONDEMNING AUTHORITIES

In addition to representing property and business owners, our attorneys represent condemning authorities acquiring property for public projects. Such representation includes both public and private entities that have the power of eminent domain. Such entities include county government, municipalities, utilities and other authorities.

As a result of representing both condemning authorities and property and business owners, our attorneys have gained a diverse background and thorough knowledge of eminent domain law from both perspectives.

Our People

Representative Services

  • Pre-Condemnation Planning - Property Valuation and Business Damages
  • Condemnation Proceedings and Suit
  • Order of Taking hearing and Related Motions
  • Withdrawal of Funds for Client Use During Suit
  • Mediation
  • Trial
  • Appellate
  • Inverse Condemnation & Regulatory Takings
  • Protection of Property Rights
  • Land Use and Zoning Analysis
  • Environmental Assessment
  • Valuation Analysis
  • Apportionment Proceedings

Representative Matters

Ohio

  • Won a $3.7 million settlement for the owner of a golf course in an eminent domain case arising from a highway construction project in Licking County, Ohio
  • Won a $970K jury verdict for a property owner in an eminent domain case involving a road grade separation project in Delaware County, Ohio
  • Won a jury verdict in excess of $1 million for property owner in an eminent domain grade separation case in Cuyahoga County, Ohio
  • Successfully represented retail pharmacy, a commercial tenant, in an eminent domain case arising from a highway project in Clark County, Ohio
  • Successfully represented publicly traded electric utility company in eminent domain actions involved in the construction of a large-scale electric transmission line in Geauga County, Ohio; the project required the acquisition of easements across 87 parcels of real estate
  • Served as Special Counsel to the Ohio Attorney General in eminent domain cases
  • Represents an electric utility company in eminent domain cases in Delaware, Madison, Clark, Erie and Union Counties related to the construction of major utility facilities
  • Represents a publicly traded petroleum company in eminent domain cases throughout Ohio regarding the taking of property on its convenience-store fuel centers
  • Represented a four-year state university and several two-year state community colleges in eminent domain and land acquisition proceedings

Charlotte County, Florida

  • Burnt Store Road Widening
  • Edgewater Corridor Extension
  • Harborview Road Widening
  • Marion Avenue Bridge
  • Murdock Village Redevelopment
  • Piper Road Widening
  • Toledo Blade Boulevard

Collier County, Florida

  • Collier Boulevard Widening
  • Collier County School Board, Land Acquistion
  • Davis Boulevard Widening
  • Golden Gate Boulevard Widening
  • Immokalee Road Widening
  • Lely Area Stormwater Improvement Project
  • Livingston Road Extension
  • Oil Well Road Widening
  • Vanderbilt Beach Extension

Lee County, Florida

  • Bayshore Road Widening
  • Bonita Beach Road Widening
  • Burnt Store Road Widening
  • City of Fort Myers
  • City of Sanibel
  • Colonial Boulevard Widening
  • Chiquita Boulevard Widening
  • Del Prado Boulevard Widening
  • Edison Avenue Realignment
  • Evans Avenue and Fowler Street Widenings
  • Festival Park
  • Florida Gas Transmission Line
  • Hanson Street Extension

Related Media

Related Events

Executive & Corporate Counsel Forum 2018
Nov 15, 2018 — Embassy Suites Cleveland - Rockside, 5800 Rockside Woods Boulevard, Independence, OH 44131