Business Services

Eminent Domain

Eminent domain, also known as condemnation, is the process by which a governmental agency or quasi-governmental agency acquires private property for public uses without the consent of the property owner. 

Our attorneys understand all aspects of eminent domain law and use that perspective to obtain the best possible results for our clients.

The attorneys on Roetzel’s Eminent Domain Team have extensive expertise and experience representing property owners,

commercial tenants, and appropriating authorities in eminent domain proceedings. As a result, our attorneys understand all aspects of eminent domain law and use that perspective to obtain the best possible results for our clients.

With eminent domain attorneys in each of their Akron, Cincinnati, Cleveland, Columbus, and Toledo offices, Roetzel is uniquely positioned to handle any eminent domain issue that may arise anywhere in Ohio.  This statewide presence enables Roetzel to offer its clients local expertise, backed by the resources of a large law firm. 

Beyond Ohio, Roetzel represents a number of large retail businesses in eminent domain matters on a regional and national basis.  Roetzel acts as a single point of contact for these clients, coordinating with local counsel as appropriate, in order to simplify and centralize the eminent domain process for companies frequently impacted by roadway projects.   
 

Representation of Property Owners and Business Owners

Roetzel’s eminent domain attorneys work with private property and business owners to help protect their rights and interests. Representation of property owners in eminent domain matters includes pre-litigation planning, withdrawal of deposited funds for client use during suit, property analysis, and business damage analysis, working with consulting expert witnesses, settlement negotiations, mediation, trial and appellate practice. The eminent domain process often spans several areas of the law including litigation, land use and zoning, environmental, municipal, real estate, corporate and tax.  As a large law firm, Roetzel has experts 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 commercial and investment property such as filling stations, retail stores, restaurants, warehouses, shopping centers, and offices, as well as industrial and residential sites and undeveloped property that has been held for future development.  Our attorneys have experience representing property owners in a wide range of projects, including road widening projects, grade separation projects, and highway re-alignment and construction projects.

Working closely with other professionals who assist us in protecting our clients' interests, such as appraisers, land planners, accountants and engineers, our attorneys routinely address a broad spectrum of property valuation issues such as business damages, loss or diminishment of access, traffic flow issues within a property footprint, loss of development potential and physical destruction or damages to property.

Representation of Commercial Tenants

Roetzel’s eminent domain attorneys also have substantial experience representing commercial tenants in eminent domain actions, and are very familiar with the statutory and contractual rights commercial tenants possess.

Representation of Appropriating Authorities

Roetzel’s Ohio eminent domain attorneys also have significant experience representing appropriating authorities acquiring property for public projects. Such representation includes both public and private entities that have the power of eminent domain, such as utility companies and governmental authorities.  This experience gives our eminent domain attorneys invaluable insight into the way projects are handled by appropriating authorities, insight which our attorneys put to good use when representing property owners.

Our Experience

  • Representing a publicly traded petroleum company in eminent domain cases throughout Ohio regarding the taking of property on its convenience-store fuel centers 
  • Representing national retail pharmacy chain in numerous eminent domain cases throughout the United States 
  • Representing national automotive parts chain in numerous eminent domain cases throughout the United States 
  • 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
  • Successfully served as Special Counsel to the Ohio Attorney General in eminent domain cases
  • Successfully represented an electric utility company in eminent domain cases in Delaware, Madison, Clark, Erie and Union Counties related to the construction of major utility facilities
  • Successfully represented a four-year state university and several two-year state community colleges in eminent domain and land acquisition proceedings
     

What We Do

  • 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

Related Media & Events

  1. Alerts
    New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases - Feb 2, 2017
    Pipeline Companies Win Key Battles in War for Eminent Domain Rights - Sep 19, 2016
  2. Articles
    U.S. Supreme Court Decides Landmark Condemnation Case in Favor of Property Owners - Fall 2019 - Columbus Bar Lawyers Quarterly
    U.S. Supreme Court Decides Landmark Condemnation Case in Favor of Property Owners - Jul 25, 2019
    "Walking the Fine Line: Code Enforcement and the Fourth Amendment" - Jan/Feb 2019 - Municipal Lawyer Magazine
    "Reasonable Expectations: What can your city attorney do for you?" - Nov/Dec 2018 - Quality Cities
    Ohio Court of Appeals Affirms "Paying Quantities" Ruling Against Local Producer - September 2018 - Ohio Gas & Oil
    Ohio Appellate Court Clarifies Notice Requirements under the 2006 Dormant Act - May 2018 - Ohio Gas & Oil
    Ohio Federal Court Rules in Landowner Royalty Case - Apr 1, 2018 - Ohio Gas & Oil
    Statute of Limitations in Lack of Production - Mar 1, 2018
    School district's eminent domain plan may hinge on "necessity" definition - Aug 5, 2016 - CBA Today
    Take It If You Dare: Ohio's New Economic Development Eminent Domain Law - Jan 27, 2006
  3. Firm News
    23 Roetzel Attorneys Named 2020 Ohio Super Lawyers®; 11 Named Rising Stars® - Nov 27, 2019
    Roetzel Attorneys Honored by Illinois Super Lawyers Magazine - Jan 24, 2019
    Roetzel & Andress Names Michael Scotti III to Lead National Business Litigation Practice Group - Jan 18, 2019
    Attorney Ken Jones to Co-Chair Lee County Bar Association Foundation's 2019 Charity Golf Tournament - Oct 23, 2018
    Ken Jones to Serve another Term on Bar Committee on Eminent Domain - Sep 10, 2018
    Roetzel Promotes Resetar and Young to Shareholder - Feb 16, 2018
    Ohio State Bar Association Program Helps Cultivate Leaders in Legal Profession - Jun 17, 2016