Commercial, Development & Industrial Property Law Attorney for Eminent Domain
Sever Walker Padgitt handles eminent domain cases that affect commercial property for small, medium and large businesses. Sever Walker Padgitt has handled acquisitions for local businesses and international corporations. Commercial acquisitions are complex and may involve access, highest and best use changes, leases, parking, relocation, signage, zoning, and other nuanced issues. Failure to adequately address these details during a business’ fight for just compensation can have catastrophic consequences for the property and the business, itself.
If a government agency is claiming the right of eminent domain to buy your property, your priority should be to receive fair compensation for your assets.
Because eminent domain cases involve dozens of steps and variables, you may require the assistance of an experienced eminent domain property law attorney. Sever Walker Padgitt can help you receive greater compensation than a government agency first offers you.
We have offices located in Georgia, Illinois, Indiana, Kentucky, North Carolina, Ohio, and Texas, but we have represented landowners in Missouri, Pennsylvania, South Carolina, Oregon, Utah, Oklahoma, Michigan, Wisconsin, Tennessee, Louisiana, Iowa, and West Virginia. If you have a commercial acquisition anywhere in the country and are in need of a property rights eminent domain attorney, we will exhaust our efforts to try to help you, and if we can’t, we will help you find someone that will. Contact Sever Walker Padgitt Walker today for a quote.
How Our Property Law Attorneys Assist and Protect Your Business from Eminent Domain
Through the power of eminent domain, governmental agencies and entities generally have the right to acquire your property in exchange for fair compensation. However, government employees and contractors likely do not understand the full value of your property, and their initial offer may fall well below the fair market value.
In addition if you live in a state that allows for the recovery of business losses (Georgia, for example), you may be entitled to compensation for any loss in revenue caused by the acquisition. Business loss recovery can be substantial, and condemnors rarely offer businesses enough (or any) compensation for this lost revenue.
That’s why your eminent domain property law attorney should:
- Properly and fully analyze the acquisition and compensation offer to determine the full extent of the effect of the acquisition on the property and/or business.
- If necessary, enlist a qualified and competent eminent domain appraiser to support your argument for just compensation.
- Put together a coherent and logical argument for compensation owed to you for any loss of business (if compensable), loss of leasehold interests (if compensable), improvements, relocation benefits, litigation expenses (if compensable), and more.
- Represent your property and/or business effectively to a jury if your case goes to trial.
Case Spotlight: Development Property; Not Recreation Land
In 2009, the State of Indiana appropriated a 25-acre piece of development land in Terre Haute, IN, owned by a prominent local doctor. The land was directly adjacent to a highway exit ramp, near a high-intensity commercial development. However, the State of Indiana argued that the property should be valued as recreation and/or farmland, and offered $350,000 for a total acquisition of the property.
At trial, the property rights attorneys of Sever Walker Padgitt presented evidence of the true value of the property, using recognized appraisers and national developers as experts. Following several hours of deliberation, the jury returned a verdict awarding the landowners over $1,300,000—an increase of approximately $1,000,000.
Case Spotlight: Local Assistance for an International Chain
The Indiana Department of Transportation (INDOT) moved an exit ramp from a major highway to within 30 feet of the corner of a Holiday Inn. This caused a negative business impact due to the construction.
Holiday Inn then sought representation from Sever Walker Padgitt. Initially, INDOT offered $75,000. Working with nationally recognized experts in the hotel development and management communities, Sever Walker Padgitt was able to demonstrate a large financial impact had occurred. The case settled 25 days before trial for $3,000,000.
Case Spotlight: Small Taking; Large Impact
In 2018, the Georgia Department of Transportation acquired a strip of property along the frontage of an 84 Lumber lumber yard and business. The acquisition was not particularly large (~4.5 acres), but the effects were substantial. The business was built and situated based on the configuration of the lot. The business utilized every square inch of the property, and even though the acquisition was largely for land at the front and sides of the property, the internal configuration of the business was destroyed. GDOT initially offered the business $623,000. 84 sought out Sever Walker Padgitt’s services, and eventually, Sever Walker Padgitt was able to secure $1.45 million—largely due to the impact on the business.
Contact Sever Walker Padgitt
If your commercial, development, manufacturing, or industrial property is facing eminent domain, contact Sever Walker Padgitt. Drawing on decades of experience with eminent domain law, we will carefully examine your case and determine how we can win fair compensation for your business. Contact us now.
Case Results
State: Indiana (Marion County)
Case Type: Road projects
Initial Offer: $46,160
Sever Walker Padgitt Result:
$2,400,000
State: Indiana (Johnson County)
Case Type: Road projects
Initial Offer: $301,200
Sever Walker Padgitt Result:
$3,800,000
State: Indiana (Vigo County)
Case Type: Road projects
Initial Offer: $1,186,000
Sever Walker Padgitt Result:
$4,475,000
State: Indiana (Hamilton County)
Case Type: Road projects
Initial Offer: $79,200
Sever Walker Padgitt Result:
$3,000,000
State: Georgia (Union County)
Case Type: Road projects
Initial Offer: $454,250
Sever Walker Padgitt Result:
$1,500,000
State: Illinois, Sangamon County
Case Type: Road projects
Initial Offer: $125,600
Sever Walker Padgitt Result:
$1,191,950
Find Your Eminent Domain State
Contact Us
Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761.
* Disclaimer: Form submission doesn’t constitute a client-attorney relationship/contract.
