Fighting Eminent Domain - How to Challenge Eminent Domain
At Denlow & Henry, we are experienced at challenging the government's use of eminent domain (also known as condemnation). Before any government or private entity can exercise the right to condemn, a judge must approve it. Challenging the use of eminent domain can be done in a variety of ways, including:
- The challenge may be 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 developer.
- The challenge may be that the condemning agency failed to make a good faith offer to purchase the property.
- The challenge may be that the condemning agency failed to follow the state or local condemnation procedures.
- Alternatively, we may claim that the condemnation of your property is not necessary for the public project or that the project should be relocated.
- Another defense may be that the condemning agency simply has not been granted the specific power to condemn your property.
- When a private development is proposed and a "blighting" of your area is required, our challenge may be to fight the blighting designation. This is common in situations where tax increment financing (TIF) is used.
- Another defense may be that the condemnation is solely for economic development and, therefore, is illegal.
- The owner's attorney may argue that a utility company is seeking a "blanket" easement which would permit multiple uses in violation of Missouri law.
There are many other ways to challenge eminent domain. Under federal and state law, property owners have been granted certain protections. An experienced lawyer in eminent domain is essential to helping you fight the government's eminent domain action.
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There is no charge for an initial consultation to discuss your situation. Our telephone numbers are 314-725-5151 or 888-566-5151. Ask to speak with an attorney in our office. You can also contact us by e-mail. All communications between you and the members of our firm are confidential.