Eminent Domain
“Eminent domain” is the authority of the government to take (or “condemn”) private land for public use. This power is not unlimited, and its limits vary depending upon the authority granted to the particular condemnor. Various laws come into play to determine the propriety of the condemnation and the amount of just compensation to which the property owner is entitled – from the United States Constitution to local ordinances – depending upon circumstances surrounding the condemnation.
The taking of private property for a public purpose requires the government to pay just compensation to the private property owner. Sometimes, the government and the landowner disagree over whether a taking has lawfully occurred, or how much the property owner is entitled to receive in just compensation.
Babst Calland’s Eminent Domain attorneys represent both condemnees, from residential property owners to large industrial and commercial enterprises, and condemnors, from local municipalities to statewide instrumentalities of the Commonwealth. This has provided our attorneys with a unique opportunity to gain a deep appreciation of the perspectives that each “side” brings to the negotiating table and courtroom.
We leverage the diverse skill set of our team, and knowledge of Pennsylvania eminent domain procedural and valuation law, to provide clients with a unique combination of technical legal expertise and real-world experience. With this approach, we are well-suited to vigorously advocate our clients’ positions relative to the propriety of a taking and the just compensation to which the property owner is entitled.