Most eminent domain matters are resolved without ever going to litigation because the condemning authority and the landowner are able to negotiate a voluntary acquisition.
在谈判阶段, the condemning authority negotiates with the property owner to reach an agreement on the compensation for the property. Once the condemning authority makes their bona fide offer, most of the time the landowner and the condemning authority are able to work out price and terms they can both agree on, although the length and type of the negotiations can vary. These sorts of transactions often close very similarly to a normal real estate transaction although the specific process can vary by condemning authority and jurisdiction. The firm has extensive expertise representing governmental clients in all areas of real estate practice, 包括但不限于起草契约, 地役权, and other real estate documents related to land acquisition.
Negotiating Settlement Agreements with Property Owners and Tenants
Many property owners and tenants are represented by counsel, but many are not. In either event we have the necessary experience in negotiating settlement agreement in eminent domain matters. 有时候诉讼是唯一的选择, 有开放的沟通渠道和个人接触, it can be possible to avoid litigation by coming to a joint understanding of the needs of the parties involved. While litigation boils this problem down to dollars and cents, working out negotiated settlement agreements often offers opportunities for creative and/or non-monetary solutions such as plan or design changes or other items which might not be available to the landowner through a litigation remedy. Our attorneys are used to thinking outside of the box and trying to find solutions where each side can feel that they have a win/win result or at least a result everyone can live with.
Mediation and Alternative Dispute Resolution in Eminent Domain Cases
Eminent domain cases are often only about dollars and cents. There often is no question of liability, merely a need to determine the amount of compensation owed. These sorts of cases lend themselves well to alternative dispute resolution, often through mediation. Effective representation of clients at mediation is its own skill set, and our attorneys are very experienced in working in this environment, 帮助你选择合格的第三方中立者, and guiding you through the process to reach a settlement in these matters which can often result in significant cost savings versus litigation.
诉讼 Avoidance Strategies in Eminent Domain Cases
Eminent domain and right of way projects are often a matter of statistics. How much of any given project can be closed without litigation? 有经验丰富的人员和律师, 适当的计划, 还有一点运气, it is possible to clear entire projects without ever having to go to litigation. Sometimes it is simply unavoidable where there is heir property on the project, 或墓地或墓地搬迁, or a court approval needed for unincorporated church property or the like, and our attorneys have significant experience in almost all possible complications that can arise in eminent domain cases. 然而, there are strategies that can be put in place to try to increase the percentage of settlement on any particular project. The earlier experienced counsel are involved in the project, the sooner these sorts of strategies can be explored and employed.
For many years the attorneys in this practice group have committed themselves to mastering the full spectrum of the right-of-way process. Negotiating and working out satisfactory 定居点 is a part of that spectrum, as we understand that winning in eminent domain and right of way projects is about clearing the right of way and getting the project online. We pride ourselves on our ability to work congenially and professionally with all stakeholders on a project including the landowner, while still zealously representing the interests of our client. 如果你对谈判有任何疑问, 定居点, or alternative dispute resolution in your eminent domain or right of way projects feel free to reach out to our attorneys and see if we can assist you.