Massachusetts 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 & Condemnation Attorneys – Massachusetts

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

When the government is taking your land, you may be unsure of what the future holds or where to turn for support. Don’t go through this confusing time alone—allow the experienced team at Sever Walker Padgitt to help you every step of the way. Eminent domain in Massachusetts can be overwhelming, but we’ll ensure you get the compensation and fair treatment you deserve.

What Is Eminent Domain Law In Massachusetts?

If you’ve received an eminent domain offer from a condemnor, you may be wondering—how am I supposed to respond to this and what can happen if I don’t respond appropriately? Eminent domain is a term referring to the condemnor’s right to take private land and use it for a public project. Eminent domain is largely exercised by state departments of transportation for roads or energy companies for utility projects, but counties and municipalities can also exercise eminent domain if they have been properly vested with that authority. Ultimately, if the entity is vested with eminent domain authority, and they follow the law in exercising this authority, they will be able to take your property when the acquisition is for a “public use.”

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

You’ve received your eminent domain offer in the mail—what now? Before you do anything you’ll regret, hire an eminent domain attorney in Massachusetts to stand by your side throughout the whole process.

Many landowners act on eminent domain offers of compensation without a full grasp of the stakes and accept far less compensation than they deserve. Landowners do not know what “going to eminent domain” means, and rather than test or challenge an offer of compensation, they accept it and move on. This is the wrong course of action.

A savvy landowner will perform his or her due diligence prior to accepting or rejecting an eminent domain offer. This includes a full evaluation of the nature of the taking, the effect the taking will have on the property, and the compensable aspects under Massachusetts eminent domain law. A skilled Massachusetts eminent domain attorney should be able to handle this due diligence for you and fully analyze your pre-condemnation offer for any deficiencies and problems.

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

Frequently Asked Questions

Eminent Domain Just Compensation In Massachusetts

Prior to initiating an eminent domain lawsuit, the condemnor is required to issue an offer of compensation to the landowner. This offer is a condemnation pre-requisite, and any failure to issue this offer is grounds for dismissal of a subsequent condemnation action. Though this offer must be issued, it is not necessarily required to be “fair” or representative of what a landowner is entitled to. More often than not, the pre-condemnation offer will fail to properly compensate a landowner. For example, an offer for a partial taking of property may fail to include compensation for the damage that taking is causing to the remnant. In this situation, the condemnor will have followed the law in issuing the offer, but the landowner is still left with an insufficient amount of compensation for the taking. It is up to the landowner to challenge this offer and get the right amount of money.

In addition to compensation for the taking, in situations where an acquisition will displace a business or residence, the relocated entity is entitled to re-establish costs necessary to relocate. For residences, this can include moving expenses and if necessary, a differential payment to ensure the resident can buy an available replacement home. For businesses, this can include a whole host of issues: including relocating fixtures, re-establishing advertising, and finding a new suitable location. All of these items are compensable; however, condemnors are notorious for not properly considering the extent of the expenses necessary to relocate. An eminent domain attorney should help you secure these funds.

When you feel hopeless about your eminent domain case, it’s important to keep in mind that there are limits to the government’s power. For instance, the government must:

-Follow Massachusetts pre-condemnation law and procedure
-Offer just compensation in exchange for taking the land
-Provide some justification for the offer that has been issued
-Solely use the property acquired for a “public use.”

The timeline for eminent domain cases in Massachusetts varies greatly, depending on the type of land being taken, the reasons the land is being seized, and other factors. Most of the time the eminent domain case is set to go to court within a year—but in some circumstances, the timeline could be longer. Fortunately, most eminent domain cases are resolved through mediation before they go to court.
Learn More

It is very difficult to stop an eminent domain acquisition in any state–including Massachusetts. To stop a taking altogether, the landowner must demonstrate that the taking authority has not followed the law, in procedure or in substance, in attempting to acquire the property. Some examples of this would be not properly issuing a pre-condemnation offer or failing to identify a proper “public use” for the acquisition. If, however, the condemnor has followed procedure and the taking is for a “public use,” as defined by state and federal law, the condemnor will be able to take the property. That isn’t the end of the fight, however. A landowner is still entitled to “just compensation” for the acquisition and is further entitled to his or her day in court to argue for this compensation. And unlike in stopping the taking, this fight is fought on a much more even playing field.

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

When you’re wondering how to proceed with your eminent domain case in Massachusetts, turn to the lawyers at Sever Walker Padgitt. We have the knowledge and experience to help you navigate this trying time. We’ve helped countless landowners like you get the full compensation they deserve in exchange for their land.

No matter where your property is located, we’re ready to help. If we don’t have an attorney practicing in your state, we will work with one that will allow us to do so. Regardless of where you are, Sever Walker Padgitt stands ready to help you with your eminent domain needs.

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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