Eminent Domain

General information about eminent domain
Eminent domain cases are complex, both in process and in terminology. Laws that may seem clear-cut lead to conflict in interpretation and are constantly changing. You can trust that Plank Law Firm attorneys will be with you through the entire process, explaining what has happened, what’s next, defining alternatives, recommending what’s best for you and defending your constitutional rights, from our first consultation until the money from the appropriation is in your hands.

We handle cases involving the taking of real property (not personal property).

Why is our firm a smart choice in Ohio for eminent domain issues?
Our team of attorneys has been employed in virtually every aspect of real estate; we know what works and the pitfalls to avoid.

We have represented both sides – a) property owner, b) condemning authority; we know the strategies used.

Legal counsel must know the law, as there are Federal, State, County and Local regulations that apply in different instances.

Property Owner Perspective
One of our basic rights granted by the Constitution of the United States is the right to own property. Unfortunately, if your property is being taken by an entity for the “greater good” in an eminent domain action, you cannot stop the process; but it is your right to challenge the money offered for your property if you believe the amount is unfair. Since you will be called upon to support your opinion with logic, facts and figures, you need representation by attorneys who have the experience and expert connections to provide the information quickly and cost effectively.

How is the property owner notified of a taking?

  • Eminent Domain: The property owner may receive a letter from the condemning authority announcing that all or part of the property is being taken away for a use such as a highway or power lines (examples).
  • Inverse Condemnation: The property owner has experienced the loss in functionality of all or part of the property, resulting in the desire for the opposing party to purchase the damaged portion (inverse condemnation).

At what point does the property owner call Plank Law Firm?

  • If you feel that any party is interfering with your property rights, call Plank Law Firm before contacting the opposition.
  • Note: The client’s first meeting with PLF is no charge (complimentary).

What are some of the ways we’ll help?

  • Determine property value based on the market and its highest and best use.
  • Represent the client in conflict resolution and negotiation.
  • Define property owner’s rights to compensation if condemnation action is abandoned or if payment is delayed.

Condemning Authority Perspective
Plank Law Firm will identify alternate strategies that will meet budgetary constraints.

Plank Law Firm can advise public officers in avoidance of personal liability issues often associated with state, county or local statutes.

If circumstances change politically or funding is no longer available, Plank Law Firm will step the client through the condemnation abandonment process.

Plank Law Firm can either counsel staff attorneys or totally represent the client in the eminent domain taking.