PRACTICES

Eminent Domain

McNees Wallace & Nurick regularly counsels both condemnors and condemnees in eminent domain matters.

We protect condemnees from the unlawful taking of their property by both state federal condemning authorities.  In cases where the court grants the condemning authority the right to condemn the property, we then work to secure the constitutional guarantee of payment of just compensation for the taking of property and damages to the remainder property caused by the condemnation.  Our attorneys also assist clients in asserting inverse condemnation claims where the condemning authorities’ activities resulted in a taking of private property without formal condemnation proceedings.

For condemnors, we provide analysis regarding statutory authority, project planning, and acquisition negotiations.  If the matter proceeds to a condemnation action, we handle all aspects of litigation, from constitutional challenges to valuation.

The Eminent Domain practice group assists clients with retaining the necessary outside consultants such as real estate appraisers, engineers, and accountants to assist in the litigation and valuation proceedings.  Under the direction of our attorneys, the consultants analyze the taking of the property, the impact that the taking will cause to any remainder property, and the amount of compensation owed to the condemnee.

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