Find Lawyers in Arkansas, United States for Eminent Domain and Condemnation Law
Mr. Cate is a managing member and litigation attorney in the firm’s Northwest Arkansas office. His practice focuses on commercial litigation, including litigation concerning ERISA, employment, mortgage servicing, real estate, media law, eminent domain, products liability, and class action defense. His experience includes representing defendants in putative class actions filed in Arkansas and Missouri regarding Internet practices, defending a national mortgage servicer in a putative clas...
Mr. Grooms is a founding and managing member of Quattlebaum, Grooms & Tull PLLC. He represents banks, health care managers, real estate developers, real estate brokers, and other clients in a variety of transactional matters. Mr. Grooms has substantial experience in real estate and general commercial lending transactions and has been frequently involved in matters of eminent domain. He has negotiated hundreds of retail, office and commercial space leases on behalf of major national retail...
Cliff McKinney is a transactional attorney and managing member at Quattlebaum, Grooms & Tull PLLC. His primary practice is real estate law and business and regulatory matters related to real estate. A Fellow of the American College of Real Estate Lawyers, Mr. McKinney is listed with The Best Lawyers in America® in the areas of Real Estate Law and Land Use and Zoning Law, is recognized by Chambers USA’s Guide to America’s Leading Lawyers for Business in the area of Real Est...
Mr. Price’s practice focuses on civil litigation. He has represented various clients in breach of contract, breach of warranty, negligence, products liability, fraud, defamation, Freedom of Information Act, Administrative Procedures Act, and OSHA matters. He is listed in The Best Lawyers in America® in Commercial Litigation, recognized as a Mid-South Super Lawyer in the area of Business Litigation by Super Lawyers and named to the 40 & Under Hot List and a Labor & Employment...
A managing member of the firm, Michael N. Shannon has more than 25 years of experience in commercial and other litigation and is a member of the American Board of Trial Advocates. His practice focuses primarily on complex commercial litigation, class action defense, products liability, e-discovery issues, toxic tort litigation, medical practice defense, eminent domain, bid protests and issues affecting the outdoor advertising industry. Mr. Shannon is recognized by Super Lawyers in Business Li...
Bruce B. Tidwell is a partner in the Real Estate Practice Group devoting a substantial portion of his practice defending clients in civil litigation involving real estate issues, such as title and boundary disputes, as well as representing both landowners and condemning authorities in eminent domain litigation. Bruce also works with healthcare providers on a variety of regulatory and contracting issues. Based on this work, Bruce has been recognized by Best Lawyers in Health Law and Real Estat...
Eminent Domain and Condemnation Law Definition
More recently, government has perceived a need to expand the exercise of eminent domain beyond its classic takings context to include a variety of “rationally conceivable” public benefits thinly tethered to public use. In these instances, lawyers are asked to advise their clients on whether the government has been faithful to its constitutional duties to take property only for a public use upon payment of just compensation and in accordance with statutory procedures enacted to protect property owners.
In instances where governmental regulations “go too far” and impose burdens on private interests that should be borne by the public as a whole, lawyers evaluate whether the regulation unconstitutionally deprives the owner of all economically viable use of property or has a significant impact on its value and the owner’s investment-backed expectations.
The Takings Clause also places limits on the power of government to impose exactions for development permits. These exactions may be fees, dedications of real property, or other obligations asserted to offset the impact of a development project. Under the doctrine of unconstitutional exactions, a benefit demanded of the landowner must have a nexus to the impact of the development and be roughly proportional to its anticipated effects.
In many instances, lawyers in this practice area engage experts in appraisal, construction, development, economics, environmental remediation, engineering, permitting, planning, zoning, and related professions to secure fair treatment, fair value, and a fair understanding of whether one of the most potent powers granted to government has been exercised in fidelity to lawful mandates.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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