At Denlow & Henry, we are experienced at challenging the right to condemn. Before any governmental or private entity can exercise the right to condemn, a judge must approve it. Perhaps the challenge is that the condemnation is being used for a private purpose, as opposed to a public one as required under the constitution. This is especially true when the ultimate owner of your property in condemnation will be a private redeveloper.
Protection of the property owner is the primary concern of the lawyers at Denlow & Henry. Call or e-mail us today.
Or, our challenge may be that the condemning agency failed to make a good faith offer to purchase the property prior to filing a condemnation petition. Our challenge may be more basic by claiming that the condemning agency failed to follow the state or local condemnation procedures. Alternatively, we may take the position that the condemnation of your property is not necessary for the public project or should be relocated elsewhere. Another defense may be that the condemning agency simply has not been granted the specific power to condemn your property. When a private redevelopment is proposed and a "blighting" of your area is required, our challenge may be to fight the blighting designation.
Under recently passed laws in the Missouri, property owners have been granted additional protections. Condemning agencies cannot condemn solely for economic development. Farms cannot be blighted. The condemnation of pipeline easements is highly restricted to prevent multiple uses.
There are many grounds to challenge the government's right to condemn. Our law firm has the experience and expertise to represent the property owner to challenge a condemnation.
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For more information or to schedule an appointment, please contact us.
