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The Army Corps of Engineers took the landowners property and historic brick home which was built in 1839 and listed on the National Register of Historic Places, to construct a dam. This case went to trial in federal court, and the jury awarded the landowners over 3 times the original offer by the Army Corps of Engineers.
Taking caused interference with vehicle’s turning in and out of church property.
Road in front of store was widened 10 feet, limiting stacking room for cars in the drive-thru lanes, and eliminating some customer parking spaces.
This was a road widening along the frontage of a farm. The jury accepted commercial land values offered by the owner’s appraisers, rather than farm values offered by the government appraisers
Road widening cut off the driveway area needed to maneuver large limousines in and out of a new, custom-designed, garage for high-end limousines causing interruption of use and damage to the property.
Army Corps of Engineers’ widening of creek reduced circulation area for trucks backing into warehouse loading docks.
Road re-alignment took acreage from large lot that had potential for residential subdivision, reducing the value of the development land.
The Jury awarded 184% of the original offer, for the complete taking of neighborhood gas station and convenience store on small, triangular lot.
Widening of roadway closed access driveways to commercial center, reduced parking, and caused internal circuity of travel.
We successfully defended our client from a total taking of their property, which was adjacent to a regional airport. We successfully argued that only a small taking and easement would meet the airport’s stated public purpose. The Agency withdrew the Total Take and filed for a Partial Take of just 10% of the property.
The road widening eliminated parking spaces from a small convenience store lot. We showed how the take caused a loss of parking, circulation problems, and zoning non-conformities, which lowered the site value to a future buyer.
Taking caused interference with vehicle’s turning in and out of church property.
Underground gas pipeline was installed across farmland, bisecting fields, damaging field tiles, and interfering with farming operations.
Relocation of rural road in front of older home moved the roadway closer to the house, removed mature trees that buffered the home from traffic and headlights, destroyed landscaping and decorative stone wall, and damaged attractiveness and curb-appeal of home in the residential market.
Widening of highway in front of Church reduced parking, and interfered with internal driveways. We presented drawings showing that, after the take, there was not enough room to gather for weddings or funerals in front of the church.
ODOT’s Partial Taking of land formerly used as gas station left landowner with a small parcel, and significantly lessened the highest and best use of the remaining, irregularly-shaped property.
Appropriating utility company significantly undervalued the value of frontage land on a prime commercial lot, and the negative effect of the reduced depth of the property on the development potential of the property. We obtained over 8 times more than the initial offer for the taking, and the damages to the residual property.
We negotiated the realignment of a new sewer main to avoid cutting down a large tree in the homeowner’s backyard. The Agency also agreed to pay an arborist to perform trimming and fertilization to sustain the tree against damage to the tree’s root system from digging nearby.
The property was significantly undervalued by the condemning agency. We provided drawings, maps and data to support that the site, near a busy highway interchange, was in a highly desirable location. We also demonstrated that the condemning agency’s appraisal omitted relevant information which supported a much larger value of the property.
NOTE: Eminent Domain law is complex and changes frequently. Past case results do not indicate or guarantee future results.
Every case has unique facts and circumstances and must be considered on its own merits.
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on the "Owner's Counsel" website
