Becker & Poliakoff includes attorneys with extensive eminent domain experience and knowledge of the eminent domain process, from initial planning and acquisition procedures to litigation, if needed, and ultimately, resolution. We work hard to resolve potential eminent domain disputes at the earliest stage possible to achieve our client’s goals and we take pride in keeping our “eyes on the prize” by promoting mediation and early settlement when appropriate. The firm’s experience in Government and Construction Law provides clients with the added advantage of understanding governmental processes as well as design and construction issues related to property takings.
The Firm has been effective in a wide variety of eminent domain cases. The parcels taken ranged in value from a few thousand to several million dollars, and each parcel was seen to conclusion. The damages for each taking varied, and included restoration of the property, business damages, and severance damages. The Firm has negotiated land swaps, settlements for partially demolished structures, and rental agreements for extended possession. In each of these cases, they have worked closely with property and business appraisers, construction personnel, traffic engineers, and other experts in determining the value of the claim and the strategy of the proceeding.
For more information and resources on the firm's Eminent Domain practice, please visit our Firm's Eminent Domain Website.
Representative Matters Large residential subdivision affected by a road right of way taking. The Condemning Authority’s experts vastly undervalued the property by failing to assign any value to a strip of property burdened by an existing easement and also failed to include compensation for relocation of private utilities. Becker & Poliakoff obtained compensation for the property owner more than double the amount of the Condemning Authority’s offer.
Handled complex eminent domain and real estate issues for a client whose vacant property was to be leased to a cellular service provider for the location of a cell tower. The property was slated to be taken as part of a school site. Environmental contamination was discovered on site. Becker & Poliakoff assisted in negotiating a resolution of the valuation issues for the voluntary conveyance of the property to the School Board and assisted with numerous complicated issues relating to site clean-up, title and other real estate issues.
Complex case involving road widening project and its impact on a mobile home park. The right of way and easement takings caused the loss of 17 homes resulting in significant business damages. The Condemning Authority overlooked existing private water and sewer utilities leading initially to the dismissal of the condemnation action. Following a hotly contested 2-week jury trial, Becker & Poliakoff was successful in obtaining substantial compensation for business and severance damages, including over $250,000 in severance damages for the construction of a noise barrier wall.