Taking Eminent Domain Together


Every highway, park, and public facility was once acquired by either the state or federal government. The government process of acquiring private land for public use is authorized by the United States Constitution, and commonly referred to as Condemnation. The Constitution also ensures that the land owners receive fair and just compensation.

The West Virginia constitution expands rights of the landowner and in Chapter 54 of the West Virginia Code. This Chapter outlines what entities have the authority of Eminent Domain, and the process for exercising their authority. For example, if you recently received a bid on your property from the DOT / DOH or any of their contractors then you are in the Notice stage.
IF you have a notice or an offer, I recommend contacting my office for assistance.

Furthermore, the West Virginia Code expands land owners rights by using the same proceeding when land has been taken or damaged . As a property loss attorney, this is a great tool to bring value to client’s claims for property damages. Usually, the State has Sovereign Immunity and is barred from lawsuits. However, this clause affords my client’s a cause of action even when the taking of land – or even entry on land was unintentional. This is commonly referred to as “Inverse Condemnation”, meaning the individual is compelling the state to initiate Eminent Domain procedures to ensure the landowner receives just compensation.

Once a bid or offer is received, a property loss attorneys can assist landowners and help them receive the true fair market value of their land. My office strives to increase the offer by arguing the following:

Residential Property Arguments
  • The location of the property;
  • The age and condition of improvements on the property;
  • How the property has been used;
  • Whether there are any lease agreements relating to the property;
  • Whether there are any environmental issues, such as contaminated soil;
  • Applicable current and potential future zoning and land use requirements;
  • How the property compares with similar properties in the area that have been sold recently;
  • How much it would cost to reproduce the buildings and other structures, less any depreciation; and
  • How much rental income the property produces, or could produce if put to its highest and best use.
Commercial Property Arguments
  • Business interruption
  • Lost Profit
  • Cost to Relocate
  • Expenses Incurred
  • Lost Investment
  • Fixed Costs
  • Penalties/fines Incurred

 The best part is, our interest are aligned, the standard attorney’s fees are only
33% of the increase on the original offer – so there is really no risk!

If you are dealing with an offer for your land, please contact my office.
Eminent Domain Form or  Call Now!

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