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Practice Chairs

Jerald David August
Kenneth E. Lewis

At a Glance

50 plus years in probate/trust litigation in multiple states

Represent charitable foundations with multiple millions in controversy

Eminent Domain/Condemnation

National Scope

The Fox Rothschild Eminent Domain/Condemnation Practice has a national practice in the field of eminent domain. Our Attorneys have represented clients in 22 states. We handle cases involving a widely divergent range of property uses throughout the U.S. including:

• Commercial Properties
• Industrial Properties
• Natural Resource Properties
• Residential Properties
• Development Properties
• Other Unique Properties

Commercial Properties

Office buildings
Retail stores
Shopping centers
Parking lots
Banks
Restaurants
Hotel/casinos
Gasoline stations
Trucking operations
Airplane hangars
Sanitary landfills
Cemeteries and memorial parks
Farms and Agricultural Properties

Industrial Properties

Warehouses and distribution centers
Metal fabricating plants
Auto parts forging plants
Industrial baking plants
Pasta manufacturing plants
Bottling plants

Natural Resource Properties

Coal properties
Quarries

Residential Properties

Single-family homes
Apartment complexes
Condominiums

Development Properties

Residential subdivisions
Land held for future development

Other Unique Properties

Airports
Schools
Golf courses
Nursing homes
Cemeteries and memorial parks
Sanitary landfills
Railroad properties
Historical properties
Façade easements

 

Eminent Domain/Condemnation

Our Services for Property Owners

Pre-condemnation Planning

• Analysis of potential damages
• Title issues
• Zoning/land planning issues
• Tax planning

Preventive Measures

• Conservation easements
• Agricultural preservation laws
• Governmental relations

Challenges to Condemnations

• Public purpose
• Blight determinations
• Procedural challenges

Determination of Just Compensation

• Obtaining effective appraisals
• Experience with complex valuations
• Knowledge of valuation theories
• Knowledge of appraisal methodology
• Knowledge of statutory requirements
• Knowledge of appraisal industry standards ( USPAP, etc.)
• Highest and best use analyses
• Impact of environmental issues
• Supporting appraisers with other experts

Network of Experts

• Real estate appraisers
• Machinery and equipment appraisers
• Land planners
• Industry consultants
• Environmental consultants

Relocation Benefits

• Claims under Uniform Relocation Assistance Act
• Claims under state law
• Moving expenses
• Personal property claims
• Business dislocation payments
• Reestablishment payments

Litigation

• Administrative proceedings, trials and appeals
• State and federal courts

Creative Settlements

• Lump sum awards
• Structured settlements
• Non-monetary benefits

Related Proceedings

• Environmental cost recovery actions
• De facto condemnations
• Actions under "private road laws"

Our Services for Government Agencies

In addition to working with property owners, our Team also regularly provides services to government agencies on eminent domain condemnor issues. Please click here for more information about our Government Agency Services.

Eminent Domain/Condemnation

View: Governmental Agency Services | Governmental Agency Results

Governmental Agency Services

Project Management

• Compliance with Uniform Relocation Assistance Act
• Compliance with state law
• Compliance with local law and procedures
• Selection of consultants
• Management of project team

Pre-condemnation Planning

• Early entry onto properties
• Title issues
• Zoning/land planning issues
• Environmental investigations
• Analysis of potential damages

Redevelopment Projects

• Compliance with redevelopment requirements
• Blight determinations
• Redevelopment plans
• Selection of Redevelopers
• Redevelopment agreements

Defense of Challenges to Condemnations

• Public purpose
• Blight determinations
• Procedural challenges

Determination of Just Compensation

• Obtaining effective appraisals
• Experience with complex valuations
• Knowledge of valuation theories
• Knowledge of appraisal methodology
• Knowledge of statutory requirements
• Knowledge of appraisal industry standards (USPAP, etc.)
• Highest and best use analyses
• Impact of environmental issues
• Supporting appraisers with other experts
• Management of multiple experts
• Severance damages in partial takings

Network of Experts

• Real estate appraisers
• Real estate review appraisers
• Machinery and equipment appraisers
• Land planners
• Industry consultants
• Environmental consultants

Relocation Benefits

• Implementation of relocation programs
• Claims under Uniform Relocation Assistance Act
• Claims under state law
• Moving expenses
• Personal property claims
• Business dislocation payments
• Reestablishment payments
• Relocation advisory services

Litigation

• Administrative proceedings, trials and appeals
• State and federal courts

Creative Settlements

• Lump sum awards
• Structured settlements
• Non-monetary benefits

Related Proceedings

• Environmental cost recovery actions
• De facto condemnations
• Actions under "private road laws"

Governmental Agency Results

NEW HIGH SCHOOL West Chester Area School District Our Team represented the West Chester Area School District in its acquisition of a property for a new high school. In that case, we defeated a challenge to the condemnation by the property owner.

RECREATIONAL CENTER City of Coatesville Our Team represented the City of Coatesville in its acquisition of properties for a regional recreation center. In those cases, we defeated a series of challenges to the condemnation and the project by property owners and others.

AIRPORT EXPANSION Louisville International Airport Our Team represented the Regional Airport Authority of Louisville and Jefferson County in a major expansion of the Louisville International Airport. We assisted the Airport in virtually every aspect of this project from pre-condemnation planning through the just compensation stage.

HIGHWAY PROJECTS Delaware Department of Transportation Our Team represents the Delaware Department of Transportation in its acquisition of properties to complete major highway expansions and improvements in Delaware. We assist DelDOT in acquiring properties through negotiated acquisitions and, when necessary, in defeating challenges to condemnations or litigating the amount of just compensation owed to property owners.

Property Uses

Our extensive experience in representing both condemnors and condemnees in eminent domain issues has afforded us the opportunity to handle cases involving a widely divergent range of property uses throughout the U.S. including the following:

• Commercial Properties
• Industrial Properties
• Natural Resource Properties
• Residential Properties
• Development Properties
• Other Unique Properties

Commercial Properties

Office buildings
Retail stores
Shopping centers
Parking lots
Banks
Restaurants
Hotel/casinos
Gasoline stations
Trucking operations
Airplane hangars
Sanitary landfills
Cemeteries and memorial parks
Farms and Agricultural Properties

Industrial Properties

Warehouses and distribution centers
Metal fabricating plants
Auto parts forging plants
Industrial baking plants
Pasta manufacturing plants
Bottling plants

Natural Resource Properties

Coal properties
Quarries

Residential Properties

Single-family homes
Apartment complexes
Condominiums

Development Properties

Residential subdivisions
Land held for future development

Other Unique Properties

Airports
Schools
Golf courses
Nursing homes
Cemeteries and memorial parks
Sanitary landfills
Railroad properties
Historical properties
Façade easements