Abogados de Eminent Domain

Eminent Domain Lawyers in the United States

The government has the power to take private property for public use. That power is called eminent domain, and it's written into the Fifth Amendment of the U.S. Constitution. But the Constitution also guarantees that property owners receive just compensation — and that's where the fight usually begins.

What Eminent Domain Law Covers

Eminent domain cases arise when a federal, state, or local government — or sometimes a private entity acting with government authority — seeks to acquire your property. Common reasons include highway expansions, utility projects, pipeline construction, and public building development.

This area of law also covers inverse condemnation, which happens when government action damages or reduces your property's value without formally taking it. Flooding caused by a public project or zoning changes that destroy a property's usefulness are typical examples. Property owners can file claims in these situations even if the government never made a formal offer.

When to Hire an Eminent Domain Lawyer

• You received a condemnation notice or letter of intent from a government agency
• The government's offer seems far below your property's actual market value
• A public project has damaged your property or restricted your access without formal acquisition
• You own a business on the property and face relocation costs or lost income
• The government claims the taking serves a "public use," but you believe the justification is questionable

How the Eminent Domain Process Works

The process typically starts when a government entity identifies your property for a project. They'll commission an appraisal and make a written offer. You are not required to accept that first offer — and studies show government appraisals undervalue property by 15% to 40% in many cases.

If negotiations fail, the government files a condemnation action in court. A judge or jury then decides the amount of compensation owed. In many states, the government can take possession of the property before the case is fully resolved by depositing its estimated value with the court.

How Compensation Is Calculated

• Fair market value — the price a willing buyer would pay a willing seller, based on comparable sales and professional appraisals
• Severance damages — compensation for the loss in value to any remaining property you keep after a partial taking
• Business losses — lost profits, goodwill, and relocation expenses for business owners displaced by the taking
• Fixtures and improvements — value of structures, landscaping, and permanent additions on the property
• Special use value — higher compensation when property has unique characteristics that standard comparables don't capture, such as development potential or mineral rights

Frequently Asked Questions

Can I stop the government from taking my property?

Rarely. Courts give the government wide authority to determine what qualifies as public use, especially after the 2005 Supreme Court decision in Kelo v. City of New London. Your strongest position is usually challenging the amount of compensation rather than the taking itself. However, some property owners have succeeded by proving the stated public purpose was pretextual.

How long does an eminent domain case take?

Straightforward cases settle in three to six months. Contested cases that go to trial can take one to three years. The timeline depends on the complexity of the appraisal issues, whether a partial taking is involved, and how aggressively both sides litigate.