Best Lawyers for Eminent Domain and Condemnation Law in America

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Lawyer
  • Recognized Since: 2007
  • Location:
    Denver, Colorado
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Orlando, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Construction Construction Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Lawrence, Kansas
  • Practice Areas:
    Land Use and Zoning Law Eminent Domain and Condemnation Law Construction Law Real Estate Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Raleigh, North Carolina
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Raleigh, North Carolina
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Eminent Domain and Condemnation Law Legal Malpractice Law - Plaintiffs
Lawyer
  • Recognized Since: 1987
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Plaintiffs Litigation - Real Estate Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2012
  • Location:
    Orlando, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Parkersburg, West Virginia
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 1983
  • Location:
    Vestavia, Alabama
  • Practice Areas:
    Litigation - Land Use and Zoning Land Use and Zoning Law Real Estate Law Eminent Domain and Condemnation Law Litigation - Real Estate
Lawyer
  • Recognized Since: 2021
  • Location:
    Houston, Texas
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2017
  • Location:
    Denver, Colorado
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
William G. "Bill" Blake  was awarded  "Lawyer of the Year" in

William G. "Bill" Blake

Blake Austin Law Firm
  • Recognized Since: 2015
  • Location:
    Lincoln, Nebraska
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    St. Petersburg, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2008
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Litigation - Real Estate Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Jacksonville, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Knoxville, Tennessee
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2008
  • Location:
    Los Angeles, California
  • Practice Areas:
    Real Estate Law Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Springdale, Arkansas
  • Practice Areas:
    Commercial Litigation Eminent Domain and Condemnation Law Litigation - Labor and Employment Employee Benefits (ERISA) Law Litigation - ERISA
Lawyer
  • Recognized Since: 2014
  • Location:
    Honolulu, Hawaii
  • Practice Areas:
    Litigation - Real Estate Eminent Domain and Condemnation Law Land Use and Zoning Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Sacramento, California
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Des Moines, Iowa
  • Practice Areas:
    Eminent Domain and Condemnation Law Real Estate Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Tampa, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Houston, Texas
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2014
  • Location:
    Madison, Wisconsin
  • Practice Areas:
    Eminent Domain and Condemnation Law Arbitration Commercial Litigation Mediation
Lawyer
  • Recognized Since: 2006
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Litigation - Environmental Professional Malpractice Law - Defendants Litigation - Securities Litigation - Construction Bet-the-Company Litigation Personal Injury Litigation - Plaintiffs Construction Law Product Liability Litigation - Plaintiffs Product Liability Litigation - Defendants Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs Eminent Domain and Condemnation Law Mortgage Banking Foreclosure Law Personal Injury Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants Medical Malpractice Law - Plaintiffs Education Law Appellate Practice
Lawyer
  • Recognized Since: 2007
  • Location:
    Tampa, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Tampa, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2016
  • Location:
    Denver, Colorado
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Construction Construction Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Woodbridge, New Jersey
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation Eminent Domain and Condemnation Law Litigation - Environmental
Lawyer
  • Recognized Since: 2020
  • Location:
    Houston, Texas
  • Practice Areas:
    Litigation - Real Estate Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 1997
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Corporate Law Real Estate Law Land Use and Zoning Law Litigation - Real Estate Eminent Domain and Condemnation Law Banking and Finance Law
Lawyer
  • Recognized Since: 2010
  • Location:
    St. Charles, Missouri
  • Practice Areas:
    Eminent Domain and Condemnation Law Municipal Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Santa Fe, New Mexico
  • Practice Areas:
    Eminent Domain and Condemnation Law Personal Injury Litigation - Defendants
Lawyer
  • Recognized Since: 2012
  • Location:
    Orlando, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Orlando, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Raleigh, North Carolina
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
Arthur J. "A.J." Hazarabedian  was awarded  "Lawyer of the Year" in

Arthur J. "A.J." Hazarabedian

California Eminent Domain Law Group, PC
  • Recognized Since: 2013
  • Location:
    Glendale, California
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 1999
  • Location:
    Honolulu, Hawaii
  • Practice Areas:
    Bet-the-Company Litigation Arbitration Real Estate Law Eminent Domain and Condemnation Law Construction Law Commercial Litigation Litigation - Real Estate Litigation - Construction
Lawyer
  • Recognized Since: 2006
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Antitrust Litigation - Real Estate
Lawyer
  • Recognized Since: 2021
  • Location:
    Austin, Texas Houston, Texas
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Mass Tort Litigation / Class Actions - Defendants Energy Law Commercial Litigation Eminent Domain and Condemnation Law Product Liability Litigation - Defendants
Lawyer
  • Recognized Since: 2007
  • Location:
    Grand Rapids, Michigan
  • Practice Areas:
    Eminent Domain and Condemnation Law Oil and Gas Law Environmental Law Natural Resources Law Litigation - Environmental
Lawyer
  • Recognized Since: 2010
  • Location:
    Fort Myers, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Houston, Texas
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2005
  • Location:
    Winston-Salem, North Carolina
  • Practice Areas:
    Commercial Litigation Product Liability Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2017
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Litigation - Real Estate Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2003
  • Location:
    Honolulu, Hawaii
  • Practice Areas:
    Litigation - Land Use and Zoning Real Estate Law Eminent Domain and Condemnation Law Construction Law Corporate Law Litigation - Construction
Lawyer
  • Recognized Since: 2013
  • Location:
    Spokane, Washington
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2001
  • Location:
    Bridgeport, West Virginia
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Real Estate Oil and Gas Law Commercial Litigation Environmental Law Litigation - Land Use and Zoning Energy Law Litigation - Banking and Finance Natural Resources Law Litigation - Environmental
Lawyer
  • Recognized Since: 1995
  • Location:
    Honolulu, Hawaii
  • Practice Areas:
    Real Estate Law Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Morristown, New Jersey
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Construction Litigation - Real Estate Commercial Litigation
Lawyer
  • Recognized Since: 2007
  • Location:
    Sacramento, California
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2016
  • Location:
    Tysons Corner, Virginia
  • Practice Areas:
    Municipal Law Real Estate Law Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2008
  • Location:
    Tampa, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Des Moines, Iowa
  • Practice Areas:
    Litigation - Construction Construction Law Corporate Law Corporate Governance Law Eminent Domain and Condemnation Law Derivatives and Futures Law Commercial Litigation
Lawyer
  • Recognized Since: 2007
  • Location:
    Milwaukee, Wisconsin
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Land Use and Zoning Real Estate Law Land Use and Zoning Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Houston, Texas
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Greensboro, North Carolina
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Tampa, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Sarasota, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Honolulu, Hawaii
  • Practice Areas:
    Litigation - Trusts and Estates Trusts and Estates Commercial Litigation Real Estate Law Land Use and Zoning Law Eminent Domain and Condemnation Law Litigation - Real Estate
Lawyer
  • Recognized Since: 2003
  • Location:
    Burlington, Vermont
  • Practice Areas:
    Litigation - Environmental Real Estate Law Litigation - Real Estate Litigation - Construction Environmental Law Litigation - Land Use and Zoning Municipal Law Land Use and Zoning Law Eminent Domain and Condemnation Law Construction Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Litigation - Land Use and Zoning Real Estate Law Municipal Law Economic Development Law Land Use and Zoning Law Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Litigation - Real Estate Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Houston, Texas
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2008
  • Location:
    Reston, Virginia
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Municipal Municipal Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Land Use and Zoning Eminent Domain and Condemnation Law Litigation - Real Estate
Lawyer
  • Recognized Since: 2010
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Construction Law Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2014
  • Location:
    Tucson, Arizona
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
Craig B. Paynter was awarded  "Lawyer of the Year" in

Craig B. Paynter

Fisher Law Firm, LLC
  • Recognized Since: 2009
  • Location:
    Columbus, Ohio
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Construction
Lawyer
  • Recognized Since: 2013
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Los Angeles, California
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Real Estate Law Litigation - Real Estate Litigation - Land Use and Zoning Land Use and Zoning Law Eminent Domain and Condemnation Law Municipal Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Wichita, Kansas
  • Practice Areas:
    Criminal Defense: White-Collar Eminent Domain and Condemnation Law Commercial Litigation Appellate Practice
Lawyer
  • Recognized Since: 2015
  • Location:
    Bingham Farms, Michigan
  • Practice Areas:
    Eminent Domain and Condemnation Law Land Use and Zoning Law Real Estate Law Litigation - Real Estate
Lawyer
  • Recognized Since: 2009
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
Charles L. Ruffin was awarded  "Lawyer of the Year" in

Charles L. Ruffin

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
  • Recognized Since: 2007
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Rosemont, Illinois
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 1989
  • Location:
    Albuquerque, New Mexico
  • Practice Areas:
    Land Use and Zoning Law Real Estate Law Litigation - Land Use and Zoning Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2003
  • Location:
    Tucson, Arizona
  • Practice Areas:
    Land Use and Zoning Law Litigation - Real Estate Eminent Domain and Condemnation Law Real Estate Law Litigation - Land Use and Zoning
Lawyer
  • Recognized Since: 2011
  • Location:
    Norfolk, Virginia
  • Practice Areas:
    Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Eminent Domain and Condemnation Law Litigation - Bankruptcy
Lawyer
  • Recognized Since: 2013
  • Location:
    Hartford, Connecticut
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Winter Garden, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2006
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Equipment Finance Law Administrative / Regulatory Law Eminent Domain and Condemnation Law Mortgage Banking Foreclosure Law Litigation - Real Estate Litigation - Municipal Nonprofit / Charities Law Litigation - Banking and Finance Securitization and Structured Finance Law Project Finance Law Land Use and Zoning Law Franchise Law Commercial Litigation Municipal Law Financial Services Regulation Law Corporate Governance Law Litigation - Land Use and Zoning Real Estate Law Corporate Law Commercial Finance Law Corporate Compliance Law Banking and Finance Law
Lawyer
  • Recognized Since: 2013
  • Location:
    West Hartford, Connecticut
  • Practice Areas:
    Land Use and Zoning Law Eminent Domain and Condemnation Law Litigation - Real Estate Commercial Litigation Real Estate Law Litigation - Land Use and Zoning
Lawyer
  • Recognized Since: 2019
  • Location:
    Jacksonville, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Construction Construction Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Pittsford, New York
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Litigation - Securities Litigation - Land Use and Zoning Litigation - Banking and Finance Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Tallahassee, Florida
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Madison, Wisconsin
  • Practice Areas:
    Eminent Domain and Condemnation Law Litigation - Environmental Personal Injury Litigation - Defendants
Lawyer
Paul B. Terpak was awarded  "Lawyer of the Year" in

Paul B. Terpak

Blankingship & Keith, PC
  • Recognized Since: 2007
  • Location:
    Fairfax, Virginia
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
Robert H. Thomas was awarded  "Lawyer of the Year" in

Robert H. Thomas

Pacific Legal Foundation
  • Recognized Since: 2007
  • Location:
    Sacramento, California
  • Practice Areas:
    Litigation - Land Use and Zoning Real Estate Law Land Use and Zoning Law Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2017
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Houston, Texas
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Ones to Watch Since: 2021
  • Location:
    Cleveland, Ohio
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Ones to Watch Since: 2021
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Appellate Practice Eminent Domain and Condemnation Law Commercial Litigation
Lawyer
  • Ones to Watch Since: 2021
  • Location:
    Houston, Texas
  • Practice Areas:
    Eminent Domain and Condemnation Law Commercial Litigation
Lawyer
  • Ones to Watch Since: 2021
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Insurance Law Eminent Domain and Condemnation Law
Lawyer
  • Ones to Watch Since: 2021
  • Location:
    Sacramento, California
  • Practice Areas:
    Eminent Domain and Condemnation Law
Lawyer
  • Ones to Watch Since: 2021
  • Location:
    Cleveland, Ohio
  • Practice Areas:
    Land Use and Zoning Law Construction Law Real Estate Law Eminent Domain and Condemnation Law

  • Recognized Since: Ones to Watch Since:
  • Location:
  • Practice Areas:

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.

Practice Area Definition

Eminent Domain and Condemnation Law Definition

The Takings Clause in the Fifth Amendment to the U.S. Constitution prohibits the government from taking private property, except “for public use,” even when it offers just compensation. Many state constitutions and statutes have provisions similar to the federal Takings Clause. In “classic” taking situations, eminent domain and condemnation are invoked to provide land for public schools, roads, hospitals, utilities, and similar customary public uses.

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.
The Takings Clause in the Fifth Amendment to the U.S. Constitution prohibits the government from taking private property, except “for public use,” even when it offers just compensation. Many state constitutions and statutes have provisions similar to the federal Takings Clause. In “classic” taking situations, eminent domain and condemnation are invoked to provide land for public schools, roads, hospitals, utilities, and similar customary public uses.

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.