Eminent Domain and Condemnation

When it's your property that the government is threatening to take, you need a legal team that has been there before. Holland & Knight’s Eminent Domain Law Practice team critically analyzes the issues and thoroughly prepares your case so that you achieve maximum value. We represent owners of all types of property, including multi-use, business, industrial, residential and unimproved acreage, in all settings ranging from simple property acquisition for highways or buildings to complex regulatory takings problems.

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 steps in to make sure that your interests are protected and that the case is positioned well. We help you think through the practical impact of the proposed taking on your business and property, the value you can realistically expect to achieve, and, if appropriate, settlement solutions that allow you to get the matter behind you quickly. 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 can also help secure non-monetary benefits such as improved 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 as well as from outside consultants. We offer:

• an eminent domain practice led by condemnation attorneys with many years of trial and real estate law experience
• an in-house Real Estate Consulting Group that includes an MAI appraiser as well as other individuals 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
• an extensive resource of cross disciplinary practice areas, including land use, environment and government groups to assist with related regulatory issues
• a team of appellate lawyers who have efficiently handled condemnation cases
• a network of outside consultants, including appraisers, engineers, land planners, accountants, economists, surveyors and photographers, among others

Offering Comprehensive Experience and Capabilities

From negotiation to mediation to litigation, Holland & Knight has represented numerous clients in both direct and inverse condemnation cases. We employ a top-tier network of lawyers, several of whom are former judges, prosecutors and regulatory officials. Many of our real estate attorneys are also state-certified mediators.

While our clients are usually property owners, we also have represented condemning authorities in 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 the area of takings for economic development purposes (the so-called Kelo cases).