Eminent Domain Law

Eminent Domain Attorneys

Jennings Strouss is well qualified to represent government agencies or property owners in condemnation actions relating to public projects. Our eminent domain attorneys have more than 60 years combined experience in eminent domain litigation. Their experience from both the agency and property owner perspectives allows them insights into the processes which are difficult to glean when representing only one side of an issue. In fact, Jennings Strouss ranked #1 in Arizona in the field of Eminent Domain and Condemnation Law by The Best Lawyers in America®, 2011.

Our representation of condemning agencies has included acquisitions for:

  • School sites
  • Rights-of-way for roadways and utilities for municipalities within improvement districts
  • Lands and buildings needed by municipalities and counties for use as public buildings and other facilities providing services to the general public
  • Easements or lands needed for flood control projects
  • Easements for transmission lines and substations
  • Land and buildings being assembled for an urban redevelopment project by a municipality

Our eminent domain attorneys have extensive experience with multi-parcel acquisitions. In exercising the power of eminent domain, condemning agencies must rely upon counsel who are experienced in recognizing the complexities of this area of law and who have a sensitivity to the budgetary, political, procedural and administrative considerations which impact the decision-making process of a government entity. Coordination of acquisition efforts with public finance bond counsel is imperative. Our firm has such experience.

Our eminent domain attorneys represent property owners, lessees, and holders of security interests who are facing a taking of their property interest by a condemning agency for a public purpose. This includes guiding the client with an eye on how this highly technical process may affect their investment objectives and business plans. Often, business may be discontinued or relocated, and entitlement to relocation benefits must be understood and maximized in proceedings separate from the condemnation litigation. The valuation of real property requires a comprehensive understanding of the appraisal process and legal principles which may dramatically affect the amount of just compensation to which a property owner is entitled. Guidance on actions to take and not take when governmental entities first announce an intention to study an area for a public project, is critical to protecting valuable private property rights.

In cases involving "takings" for urban development, our eminent domain attorneys are particularly qualified to assess and assert, where we represent property owners, the property owner's rights, and assure strict compliance by the municipality with all statutory procedures and requirements. In such cases, we review and assert such issues as "precondemnation blight" and "defacto takings."