Our Land Use team represents stakeholders in property rights issues, from private property owners asserting the protection of property rights to municipalities and utilities exercising their rights to acquire property voluntarily or through eminent domain. As part of this team, our Property Rights + Eminent Domain practice group has extensive knowledge and varied experience.
Our clients turn to us for advice on how to minimize conflicts, resolve disputes quickly and amicably, minimize litigation, and find win-win alternatives. When litigation is necessary, we are prepared to try cases. Our reputation, coupled with our substantive knowledge, makes it possible for us to negotiate from a position of strength and credibility.
Alternative Dispute Resolution
Alternative dispute resolution helps property owners to avoid the costs and uncertainty of litigation, to retain as much development potential as possible, and to be compensated while allowing the government to achieve some or all of its objectives. We use techniques including density transfer and compensatory increases in density on remaining lands, as well as public-private partnerships.
Our Services
Our lawyers advise and represent clients on all varieties of property disputes, including:
Eminent Domain
Federal, state, and local governments, and public utilities can forcibly take property by eminent domain. When representing private property owners, we seek to either defeat the taking by proving there is no defensible governmental purpose or public use, or to secure the highest just compensation the law allows.
Government Representation
When representing governments, we principally help negotiate voluntary purchases so the use of eminent domain power can be avoided. When power must be invoked, we work to ensure an appropriate public purpose and public use basis.
Inverse Condemnation
In addition to eminent domain, property may be taken by inverse condemnation, where the government “goes to far” in its regulation, such as by requiring exactions where there is no authority to do so or no impacts that require them. Sometimes the government literally requires a property owner to give up property, including open space dedications. Some government actions are defensible. Some are not.
Property Rights
Protecting property also includes negotiating and defending all land law interests between private parties, including easements, covenants regarding the use and development of property, riparian rights, title disputes, invasion by flooding, and aircraft overflights in connection with airport operations. Our lawyers have succeeded in several riparian rights disputes, in court and through negotiation, and in preserving valuable rights for waterfront property owners to wharf out and build docks.
Finally, property issues encompass real and personal property tax appeals. With periodic revaluations, this is a continuing issue where many property owners seek our services.
Our Team
Through a multidisciplinary approach, our attorneys collaborate with colleagues across our firm’s diverse practice areas. We seamlessly integrate the knowledge, experience, and proficiency of our Land Use and Litigation practice groups to achieve strong results for our clients.
