Eminent Domain and Takings
Under certain circumstances, some government authorities, quasi-government authorities, and even private parties have the authority to take private property for certain legitimate public uses by condemning it or, in other words, through the exercise of eminent domain. Examples of these uses may include road expansion, community redevelopment, historic preservation, public housing projects, and installation of certain utilities. Clients faced with such situations generally confront two issues: (1) whether the specific taking is for a legitimate public use and otherwise proper and lawful, and (2) whether the constitutionally required amount of just compensation is offered and paid.
In some cases, the government takes property indirectly, such as when a public works project damages private property (inverse condemnation), when a government agency imposes overbearing conditions on a development permit, or when the government adopts ordinances, rules, or regulations that deprive an owner of the use of its property.
Snell & Wilmer’s eminent domain and takings attorneys counsel both private property owners and government entities in all facets of eminent domain and land valuation matters before, during, and after formal proceedings. Our team has extensive experience in court with judges and juries, handling pre-condemnation entitlement review and analysis, conducting audits and analyses, and working with experts to maximize the end results for our clients.
Our eminent domain and takings attorneys regularly handle, among other areas of service:
- Litigating business, industrial, and residential takings, exactions, and unlawful conditions through trial and appeal
- Retaining and managing a variety of experts, including appraisers, engineers, land use advisors, and relocation specialists
- Advising clients with respect to zoning issues and other applications, allocation hearings, and statutory relocation claims and benefits
- Conducting proceedings before property rights ombudsman offices, arbitrations, mediations, and settlement negotiations
- Counseling clients about takings issues as a preventative means of avoiding pitfalls
Our clients include property owners, developers, government entities, utility companies, institutional lenders, commercial tenants, general contractors, subcontractors, and many others. Our attorneys have handled cases involving direct eminent domain takings, inverse condemnation, regulatory takings, and unlawful exactions for a broad range of public use ventures.
Commitment to Our Clients: Snell & Wilmer’s eminent domain and takings attorneys are knowledgeable, experienced, passionate, and zealous advocates. We promptly work with our clients to determine their objectives and options, and work diligently and skillfully toward those objectives. Our team has the experience and skills to handle the legal aspects of all eminent domain and takings matters, and when necessary, we know and work with appraisers, land planners, engineers, hydrologists, relocation and zoning experts, and other experts in an effort to ensure the best possible result for our clients.
Comprehensive, Cohesive Services: Snell & Wilmer’s eminent domain and takings attorneys also have knowledge and experience in related areas of the law that commonly arise during or in conjunction with eminent domain or takings matters, including, for example, real estate litigation, construction litigation, environmental litigation, landlord-tenant litigation, title litigation, water rights litigation, land use litigation, and zoning litigation. As a full-service law firm, we also work with our colleagues in other departments as necessary on unique bankruptcy, commercial finance, environmental, public utility, real estate, tax, trust and estate, and other issues arising in the eminent domain and takings context. We greatly value our clients.
