Kentucky Eminent Domain Attorneys

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain Attorneys & Lawyers In Kentucky

At Sever Walker Padgitt, our mission is to hold condemners, whether they be local, state, federal, utility, or other, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain and condemnation.

We are not currently tracking any projects in Kentucky; however, if you are subject to a proposed eminent domain acquisition, please contact our eminent domain lawyers immediately to discuss.

Your condemnation issue is important to us. Please complete the form below or contact us directly with your questions.

What Is Eminent Domain Law In Kentucky?

According to eminent domain law in Kentucky, the government may exercise the right to take private land and put it toward public use. This term can sometimes be used interchangeably with “condemnation,” but eminent domain is only in reference to the right to act, while condemnation is the procedure by which eminent domain is exercised.

The government may use eminent domain to take land for the building of interstates, highways, schools, public parks, government research centers, and many other “public use” purposes.

What Should Landowners Do After Receiving An Eminent Domain Notice In Kentucky?

Landowners who receive notice that their land is to be acquired by eminent domain often feel blindsided by the news. Yet the government may have spent years researching and planning the seizure of the land. For this reason, it’s important to act quickly once they are notified. Landowners don’t have much time to act, so the sooner they do, the more likely they are to have the results of the eminent domain case turn out in their favor.

While most landowners will not be able to stop the government from taking their land, they can take steps to increase the compensation and benefits they receive. Here’s how to go about it:

Consult With A Kentucky Eminent Domain Attorney

Landowners should know they’re not alone in their faceoff against the condemnor. An eminent domain attorney should have the experience and skills necessary to protect a landowner’s interest. As soon as a landowner receives notice that their land is being acquired, or an offer on that land, they should reach out to a condemnation attorney for help.

Learn More About Landowner Rights

The government may seem to have the upper hand in this situation, but landowners have rights, too. Knowing those rights will give landowners more confidence to stand up to the government. The right attorney can help educate a landowner on their rights to just compensation, how to negotiate with the government, and eminent domain procedure and process.

Negotiate With The Government

Negotiating with an entity that has the unilateral power to acquire your property is difficult. It requires a detailed knowledge of both eminent domain law and property valuation. A skilled eminent domain attorney will add heft to any arguments you may have for more money because the condemnor will be aware that whether the matter resolves pre-suit or during litigation, the landowner will be adequately represented.

Go To Trial (If Necessary)

If negotiations fall through or if the parties simply can’t come to an agreement at litigation, there is always the availability of a jury trial to determine just compensation. While cases of all types of litigation–including eminent domain–rarely reach trial, it is important for a landowner to send a message to the condemnor that jury trial or no, the landowner is prepared.

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

View All Case Results

Utility Takings In Kentucky

It is our mission to hold the Commonwealth of Kentucky and utilities accountable to provide just compensation to landowners. Besides the State of Kentucky, landowners can have their land taken by eminent domain and condemnation by utility companies including water departments, electric and pipeline companies. These takings can include sewer installations, electric line construction, natural gas pipelines, oil pipelines and even coal gasification pipelines.

These types of takings present specific challenges to the landowner. They require certain expertise to properly evaluate. In many instances, landowners will need special experts to properly develop the case.

At Sever Walker Padgitt, our eminent domain lawyers have experience dealing with utility cases. We have represented numerous clients on sewer, pipeline and electric line installations. In each of these cases we were able to bring together the right team to hold the utility company accountable.

Hourly Arrangements Available

Hourly arrangements are available for those Kentucky individuals or corporations that desire a more traditional billing structure. Where there is a significant difference between the offer and the amount of compensation that we believe is owed, it may make financial sense for the client to adopt an hourly billing arrangement. This is as long as the client can afford the monthly fees. In situations where we are fighting a taking, we work exclusively on an hourly basis.

Per Ethical Rules: COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.

Frequently Asked Questions

Eminent Domain Just Compensation In Kentucky

All Kentucky landowners are entitled to “just compensation” for the acquisition of their land under eminent domain. This means that regardless of what a Kentucky condemnor may offer you for your property, you have the right to challenge this offering, and if necessary request a jury trial to determine what “just compensation” is.

Determining whether an offer of compensation is “just” can be difficult. Not only does a landowner need to have a knowledge of his or her property’s value, the landowner needs to know what is and what is not compensable.

More often than not, the condemnor does not offer appropriate or “just” compensation for the property the intend to acquire. It is the landowner’s duty to contest this compensation and cogently prepare his or her opinion on compensation which also comports with eminent domain law. An eminent domain attorney can steer a landowner through this complicated process.

One often overlooked facet of eminent domain is relocation. In the event a condemnor seeks to acquire a business or residence, not only is the landowner entitled to the value of the property acquired, the resident or business owner is entitled to the expenses necessary to relocate. Just as condemnors often do not offer compensation commensurate with the value of the property, they also often fail to offer enough relocation assistance to adequately move locations. This is particularly true with businesses. An eminent domain attorney should have knowledge of the rules and regulations associated with relocation and assist a landowner with getting back on their feet post-acquisition.

It is imperative that Kentuckians subject to eminent domain are familiar with their rights and protections during, or prior to, an eminent domain proceeding:

• The landowner is entitled to a jury trial on just compensation.

• The government must engage in good faith negotiation prior to initiating eminent domain proceedings.

• The government must provide adequate notice of the acquisition and any eminent domain litigation initiated against the landowner.

• The landowner is entitled to reject any offer of compensation made by the condemnor.

The timeline for eminent domain depends on a variety of factors. It is common for a case in Kentucky to take up to 18 months before the trial begins. But most cases of eminent domain are settled through mediation and/or a settlement conference long before then.

If a Kentucky condemnor does not follow the law in pursuit of its acquisition through condemnation, a landowner is well within his or her rights to challenge that acquisition during the eminent domain process; however, it is very difficult to prevail on these challenges.

There are some instances when a landowner can successfully challenge a taking, but it usually requires an in-depth analysis of the facts of the case and case law to determine its efficacy.

Risk is one of our Kentucky clients’ biggest concerns. Many clients are very concerned about spending a lot of money on attorney fees when they believe that they may not recover more money. By using a contingency fee arrangement, the client eliminates this risk. It allows them to feel comfortable hiring qualified and experienced eminent domain attorneys like the ones at Sever Walker Padgitt without worrying about fees and billing on a monthly basis.

An added general incentive of contingency fee arrangements is that they reduce the litigation of frivolous or bad cases and incentivize the attorneys to pursue better, more worthwhile cases. From an attorney perspective, why take a bad case if you won’t be paid? In a contingency fee arrangement the attorney has no incentive to conduct wasteful discovery, use unnecessary experts, or drive-up needless litigation costs. The attorney has every incentive to be efficient and, most importantly, win the case. In our opinion, a contingent-fee arrangement is the most efficient method of compensating the eminent domain attorney for the result obtained.

We prefer the contingent-fee arrangement because it is the model of efficiency. The arrangement aligns—perfectly—the interests of the client and attorney and effectively makes them business partners in the litigation. It is this partnership between client and attorney that provides the best possible results in the eminent domain case.

Many of our Kentucky clients are concerned about paying legal fees in an eminent domain action. That is why Sever Walker Padgitt has provided contingency fee arrangements for its eminent domain clients. A contingency fee is simple, easy and cost effective for most clients. In a contingency fee arrangement our firm will only be paid if we recover more money than you were offered. In this arrangement we will take 33% of the amount that we add to the offer.

Let me give an example; let’s assume that you were offered $100,000.00 as part of the eminent domain action. You agree to hire our firm and we negotiate a settlement of $200,000.00. In this situation your fees would be $33,000.00.

Initial offer: $100,000.00 (client keeps this full amount)

Final Settlement: $200,000.00

Value added: $100,000.00

33% on value added: $33,000.00

Total to client: $167,000.00

If we were not able to successfully add value to your case then you would not owe attorney fees!

For many Kentucky landowners eminent domain can be a nerve-racking process.  In very short order eminent domain can quickly upset all of your plans for your property.  In addition, you are asked to make decisions about your property by the eminent domain authority very quickly.  It can all be very overwhelming and the possibilities of making a misstep can be significant.

So the question is: when should you hire/contact a Kentucky eminent domain attorney?

The answer:

1) You should contact an Kentucky eminent domain attorney AS SOON AS YOU BECOME AWARE YOUR PROPERTY IS WITHIN THE PATH OF THE ROUTE. Why this early? It allows your attorney enough time to start building a strategy. More often than not, you can learn the general path of a roadway or project over your property ahead of the appraisal. An experienced eminent domain attorney will automatically spot areas to look out for if the route is known.

2) You should HIRE AN ATTORNEY AS SOON AS YOU ARE PROVIDED AN APPRAISAL BY THE STATE/TOLLWAY/UTILITY COMPANY/ETC. This appraisal will give an experienced eminent domain attorney all he or she needs to know whether you have a case or not. It will provide the exact effect the project will have on your property, and will showcase the exact errors the condemning authority made in the valuation of your property.

Unsure if you should hire an eminent domain attorney? Let Sever Walker Padgitt review your appraisal FOR FREE. Sever Walker Padgitt attorneys are more than happy to take a look at your appraisal and GIVE YOU A FREE CASE REVIEW. No strings, no invoices, no hourly fees; just honest assessment and evaluation free of charge. Our attorneys are standing by, waiting for your call and free appraisal review.

If you are interested in a free consultation or appraisal review, contact our eminent domain landowner attorneys at 888-318-3761 or visit us on the web at landownerattorneys.com.

Our Team

Sever Walker Padgitt Team Photo

At Sever Walker Padgitt, we pride ourselves on our team’s expertise and dedication. Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

How Sever Walker Padgitt Can Help You In Kentucky

At Sever Walker Padgitt, our team of eminent domain and condemnation lawyers are here to protect the rights of landowners in Kentucky.

We have provided legal advice to hundreds of clients involving takings both big and small. Our goal is to ensure that you are fully compensated for the physical taking of your land. In our experience, the condemning authority (entity taking your land) rarely considers all of the damages that the landowner has suffered.

Our team is here to defend landowners threatened by eminent domain and will fight hard to protect your rights.

With offices in Georgia, Illinois, Indiana, North Carolina, Ohio, and Texas, we have a national reach and have represented clients in over a dozen different states.

Contact Us

Before you go up against Illinois alone, let us give you our opinion. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761.

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