Eminent Domain and Condemnation
When you are faced with an actual or threatened taking of your land or property, you need an experienced legal team. Holland & Knight’s Eminent Domain and Condemnation Practice offers a skilled team of attorneys for eminent domain matters. We represent private property owners, businesses, tenants, easement holders and mortgage holders in all aspects of eminent domain and condemnation, inverse condemnation and property rights matters. We have experience handling cases involving takings of all types of property, including multi-use, business, industrial, residential and unimproved acreage.
Finding Creative Resolutions
Unlike most litigation matters, eminent domain cases are usually preceded by a period of pretrial negotiation or mediation between the owner and the governmental authority or other entity with condemnation powers. At the first sign of a dispute, the Holland & Knight team takes action to make sure your interests are protected and the case is well-positioned. We evaluate the impacts of the proposed taking on your business and property, and assist in preparing the claims for compensation. We also assist our clients with mitigating the impacts of the taking by lobbying the government to reduce the size of the taking, make favorable design changes or eliminate the taking altogether. Many times, we are able to reach a creative resolution without the need for additional litigation.
Seeking Just Compensation
If it becomes necessary for your eminent domain matter to proceed to court, our goal is to obtain the full and just compensation to which you are entitled. This includes the value of the property acquired, as well as severance damages and, where applicable, business damages incurred when a business is adversely affected. We also can help secure non-monetary benefits such as improved driveways and access, more advantageous zoning, realignment of roadways, provisions for public services and other enhancements to the property.
Taking a Unified Approach
A satisfactory resolution to your eminent domain matter, whether by settlement or by trial, requires effective preparation and presentation of your case. To best serve your needs, our team unites the knowledge and experience of talent from within our firm, together with outside consultants when necessary. We offer:
- an eminent domain team led by attorneys with extensive eminent domain trial and real estate law experience
- an in-house appraiser with experience in evaluating and planning eminent domain cases
- a team of taxation attorneys familiar with the significant tax ramifications involved with receiving compensation in an eminent domain case
- a team of real estate litigation attorneys
- an extensive resource of complimentary practice areas, including land use, environmental and government attorneys to assist with related regulatory issues
- a team of appellate attorneys who have efficiently handled condemnation cases
- a network of outside consultants, including appraisers, engineers, land planners, accountants, economists, surveyors and photographers
Offering Comprehensive Experience and Capabilities
From negotiation to mediation to litigation, Holland & Knight has represented numerous clients in eminent domain, inverse condemnation and other property rights cases. We employ a highly experienced team of attorneys, several of whom are former judges, prosecutors and regulatory officials. Many of our attorneys are also state-certified mediators.
While our clients are usually property owners, we also have represented condemning authorities in matters involving the acquisition of transportation rights-of-way, school sites, fire and rescue stations, parks, convention centers, electric transmission line rights-of-way and natural gas pipeline rights-of-way. We have been one of the leading firms in matters involving takings for economic development purposes (the so-called Kelo cases). In fact, our Florida attorneys were involved in the recent changes in Florida eminent domain law which prohibited takings for redevelopment projects.