If your home, business, farm, or land is being taken for a public project, you have constitutional rights. While the government may have the authority to acquire private property through eminent domain, it must provide just compensation and follow the law throughout the condemnation process. Property owners have the right to challenge the amount of compensation offered and, in some cases, the taking of the property itself.
At Cory Watson Attorneys, we help property owners understand their rights and pursue the full compensation they deserve. If you have received a notice of condemnation, purchase offer, or other communication regarding eminent domain, our attorneys are here to help.
What Is Eminent Domain?
Eminent domain is the legal authority that allows governmental entities—and in certain situations, utility companies and other authorized entities—to acquire private property for projects that serve a public purpose. Common examples include:
- Highway expansions
- Road construction
- Utility and power line projects
- Pipeline construction
- Public schools
- Government buildings
- Parks and recreational facilities
- Public transportation improvements
Although the government may acquire property, the U.S. Constitution requires that property owners receive just compensation for what is taken.
Your Rights as a Property Owner
Receiving a condemnation notice does not mean you must immediately accept the government's offer.
Depending on your circumstances, you may have the right to:
- Obtain an independent valuation of your property
- Negotiate for greater compensation
- Recover damages to the remaining property after a partial taking
- Seek compensation for lost business value in appropriate cases
- Challenge certain aspects of the condemnation process
- Present your case before a judge or jury regarding the value of your property
Many initial offers are based on government appraisals that may not fully account for the property's true market value or the impact of the taking on the remaining property.
Types of Eminent Domain Cases We Handle
Our attorneys represent property owners facing a variety of condemnation matters, including:
Residential Property
When a home or residential lot is acquired for a public project.
Commercial Property
Businesses whose land or buildings are affected by road expansions, redevelopment, or infrastructure projects.
Partial Takings
When only a portion of your property is taken, reducing the value or usefulness of what remains.
Utility Easements
Power lines, pipelines, telecommunications, sewer, and water easements crossing private property.
Agricultural Land
Farms, timberland, and rural property impacted by public improvements.
Inverse Condemnation
When government action effectively damages or deprives property owners of the use of their property without formally initiating eminent domain proceedings.
The Eminent Domain Process
While every case is different, condemnation cases often follow a similar path:
1. Project Announcement
A government agency announces plans for a public project affecting private property.
2. Initial Offer
The property owner receives an appraisal and an offer to purchase the property or easement.
3. Negotiation
Property owners may negotiate the proposed compensation before litigation begins.
4. Condemnation Action
If an agreement cannot be reached, the condemning authority may file a condemnation lawsuit to acquire the property.
5. Determination of Compensation
The parties may negotiate a settlement or present evidence to determine the property's fair value through the court process.
Frequently Asked Questions
Can I refuse to sell my property?
In many cases, the government may ultimately acquire property for a lawful public use. However, you are generally not required to accept the first compensation offer and may have legal options to contest aspects of the taking or seek additional compensation.
What is "just compensation"?
Just compensation generally means the fair market value of the property or property interest being acquired. Depending on the circumstances, additional damages may also be available for impacts to the remaining property.
Should I accept the government's first offer?
Not necessarily. Before accepting any offer, it is often beneficial to have the property evaluated and understand your legal rights.
How much does it cost to speak with an attorney?
Cory Watson Attorneys offers free consultations for property owners seeking guidance regarding eminent domain matters.
Why Choose Cory Watson Attorneys?
When your property rights are at stake, experienced legal representation matters.
Our team provides:
- Free, no-obligation case evaluations
- Careful review of government offers
- Experienced negotiation on your behalf
- Litigation when necessary to pursue fair compensation
- Dedicated representation from start to finish
We understand that your property may represent years of hard work, investment, and family history. Our goal is to help ensure your rights are protected throughout the eminent domain process.
About Cory Watson Attorneys
Cory Watson Attorneys is a nationally recognized personal injury law firm with offices in Birmingham, Memphis, and Nashville.
The firm has recovered more than $4 Billion for clients nationwide and has extensive experience handling complex product liability and mass tort litigation.
Get Started Today
If your property has been targeted for condemnation or you have received an eminent domain notice, don't navigate the process alone.
Contact Cory Watson Attorneys today for a free consultation. We'll review your situation, explain your legal rights, and help you pursue the compensation you deserve.