Eminent Domain (or “condemnation”) is the legal process where governmental entities (and certain others, such as public utilities) have legal authority to acquire private property provided it is for a public use. That legal authority derives from the federal and state Constitutions, and is supplanted by various statutes.
Graham • Vaage has a long history of providing legal services in eminent domain projects brought by public entities, public utilities, and special districts, as well as in inverse condemnation matters where the government is contended to have exceeded its legal authority in the taking or damaging private property.
Our clients receive exceptional representation by a very experienced and successful team of trial lawyers.
The scope of our services in such matters includes ensuring that the exercise of governmental power is properly authorized, assisting in issues relating to pre-condemnation planning, relocation, highest and best use analysis, real and personal property valuation, severance damages, “special” benefits, and loss of goodwill, as well as with negotiated acquisitions, settlement negotiations, mediation, and trial by jury where that becomes necessary.
The Firm’s work involves all types of property, including agricultural, industrial, residential, commercial, residential, and mixed-use properties, and special use properties such as churches and parks, and other unique properties not commonly found in the marketplace, along with fixtures and equipment, inventory, and all types of intangible property rights and interests, and goodwill. Examples of affected property rights include: real estate, buildings, furnishings, fixtures, equipment, relocation costs and benefits, zoning and other land use, subdivisions, oil rights, mineral rights, water rights, water storage, air and wind rights, solar rights, mitigation rights, environmental rights, surface rights, subsurface rights, copyright rights, trademark rights, and other intellectual property rights.
Because of the wide breadth of our involvement, our many years of experience, and our history of success, an added value that we bring to our clients is a working knowledge of and often having had direct experience with many of the consultants and expert witnesses who are retained in these kinds of matters, in many different jurisdictions.