Tennessee Eminent Domain Attorney

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

Trusted Eminent Domain Attorneys In Tennessee

Eminent domain is the power of federal, state, or local government to acquire privately-owned land and convert it for public use, such as roads, highways, transportation facilities, schools, public buildings, and sewage systems. However, the government can only exercise this authority by providing just compensation.

Sometimes, private entities may take property through condemnation when granted power by the government. For example, this happened in the controversial Kelo v. City of New London case, where private real estate properties were transferred to another private owner for economic development.

Avoid falling prey to such abuses by working with an eminent domain attorney in Tennessee.

Property Rights In Tennessee

Property owners in Tennessee have the same general rights as those in other states. However, approved legislation aims to reduce eminent domain abuse and protect private ownership rights.

As a landowner, you have the constitutional right to dispute the condemning entity, and demand proof that the property will be taken for public use. And if only necessary to condemn a portion of the land, you’re within legal rights to protect your ownership of the remaining property.

Aside from contesting the condemnation, remember that landowners are entitled to reasonable compensation for the property confiscated. Furthermore, Tennessee law only allows transfer after just compensation.

Even if they are to be compensated, landowners do not have to accept the offer immediately. They can contest the amount, especially if partial condemnation has reduced their property’s market value.

What Do Eminent Domain Attorneys In Tennessee Do?

Eminent domain is a complicated subject matter under land law, and one misstep can adversely affect your case. Instead of going it alone, consider an experienced eminent domain attorney in Tennessee to defend your rights, ensure a fair process, and collect what you deserve.

A lawyer well-versed in eminent domain law can provide the right legal advice applicable to your situation. Situational facts and circumstances vary for every case, which an experienced attorney can handle.

They will also assess the full extent of your damages to estimate just compensation. Apart from your property’s fair market value, they will factor in relocation costs and incidental damages, also known as the devaluation of the remaining property from partial condemnation. Property owners cannot estimate how much they’re owed since they don’t know; a skilled eminent domain lawyer can.

Property owners may be overwhelmed by the intricate procedures for eminent domain and condemnation, leading them to yield rather than challenge the notice. However, if a reputable lawyer handles your case, you won’t have to do as the attorney would manage the particulars.

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

Frequently Asked Questions

The government must offer just compensation in exchange for the taking of private land. This means the money given to the landowner is equal to what the property might sell for in a free market exchange. In short—if the compensation is equal to “fair market value,” it is considered just compensation. An eminent domain attorney should be able to determine whether or not the condemnor’s compensation offer is fair.

In the event a business or residence is acquired, the business or homeowner is likely entitled to reimbursement of expenses associated with relocating the operation or home. Many landowners facing eminent domain in Tennessee will have to spend a great deal of money in relocation. For this reason, the government is required to offer relocation benefits to cover these costs.

But unfortunately, landowners often do not get the relocation benefits they deserve. Hiring an eminent domain attorney in Tennessee can greatly increase the chances of receiving benefits commensurate with the actual cost of relocation and not what the condemnor offers.

If you’re facing condemnation, it may seem as if the government has all power. But the government does have some limitations that are important to note. The government must:

– Provide ample notice of condemnation
– Engage in negotiations with the landowner
– Give just compensation for the land
– Only acquire land for a “public use”

Every eminent domain case is on a slightly different timeline. Factors that might affect the timeline include the original compensation offer, how the land will be used, or the type of land being seized. In most situations, an eminent domain case is set for trial within 12-18 months. However, most cases are resolved through mediation and/or informal settlement discussions before this point. Cases that do not require litigation are often much shorter than cases that do, and therefore, pre-suit matters are generally resolved within 3-6 months of receiving an offer.

With the help of a skilled eminent domain attorney in Tennessee, there are some rare cases where eminent domain can be stopped. For this to occur, the landowner would need to show enough proof that the government or condemnor has not followed the law and/or procedure in the process of exercising its eminent domain authority. Stopping a taking, while possible, is difficult and requires a fact-intensive analysis of the acquisition. More often than not, the battle is over compensation and not the right to exercise eminent domain authority.

Why Tennessee Landowners Should Choose Sever Walker Padgitt

To help you get justice, consult an eminent domain attorney in Tennessee who has the experience and expertise in complex land law.

At Sever Walker Padgitt, we only focus on eminent domain and inverse condemnation cases. We exclusively fight for the rights of property owners, not those who want to take private land and pay a pittance in exchange.

Meet Our Team

Sever Walker Padgitt Team Photo

At Sever Walker Padgitt, we pride ourselves on the expertise and dedication of our team. 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.

Understand Your Legal Rights Under Eminent Domain

Being involved in an eminent domain case is confusing for the average landowner—something that condemning entities often use to their advantage. Not fully knowing your private ownership rights will likely result in an unfair or low settlement.

In most cases, you cannot stop the condemnation process. However, you can challenge it, take legal action by filing an inverse condemnation, or contest the offered settlement. All of these are within your rights.

If you want to achieve results, hire an eminent domain attorney in Tennessee from Sever Walker Padgitt. Contact us to schedule an initial consultation, or visit our FAQ page for more information.

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.

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