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Carlton Fields' Eminent Domain Practice Group is a well-rounded team of attorneys with the necessary experience to advise property owners and governmental entities through all aspects of the eminent domain process, including necessary litigation in all state and federal courts. Given the increasing growth of existing roads, as well as implementation of new roads and public facilities, eminent domain law and related issues have become "front page news" for property owners and governmental entities alike. Pre-Suit Negotiation. Unlike most litigation matters, eminent domain cases are necessarily preceded by negotiation between the property owner and the governmental entity. Carlton Fields' Eminent Domain Practice Group can be of assistance during the pre-litigation, negotiation stage. This negotiation stage is also an opportunity to obtain information about respective plans and valuation theories. Frequently, a resolution can be reached prior to litigation which maximizes value for the property owner and meets the need of the governmental entity without the need for additional litigation. Eminent Domain Litigation. In the event that the matter is not resolved prior to litigation, Carlton Fields' Eminent Domain Practice Group is well equipped to address issues of entitlement and compensation in the judicial process. Compensation often includes the value of the property acquired, as well as severance damages (for partial takings) and business damages (when a business' operation is adversely affected). In many occasions, Carlton Fields is able to address additional issues often associated with condemnation, including nonmonetary benefits, such as improved access, more advantageous zoning, realignment of roadways, and other enhancements to the property. Inverse Condemnation. Carlton Fields represents clients in inverse condemnation lawsuits. Inverse condemnation involves a property owner whose property rights have been "taken" by the actions of government, where the governmental authority does not formally offer to pay compensation for such taking, as in an eminent domain proceeding. These governmental actions may include "downzoning," significantly restricting or obstructing access, flooding, or regulatory takings. In matters involving inverse condemnation, the property owner is required to initiate litigation in an attempt to have the court rule that the governmental action has in fact resulted in a "taking." If the court then finds that a taking has occurred, then the property owner is entitled to seek compensation for such taking. While inverse condemnation involves challenging issues of fact and law, Carlton Fields' Eminent Domain Practice Group is well equipped to engage in the necessary detailed analysis and thorough preparation. Diverse, Multidisciplinary Experience. Carlton Fields is comprised of diverse practice groups which often lend their experience to allow the Eminent Domain Practice Group to address even the most complex issues. Carlton Fields' Eminent Domain Practice Group is comprised of attorneys with many years of trial and real estate experience representing clients involved in eminent domain proceedings. Carlton Fields also has other attorneys with experience in land use, environmental, and governmental regulatory issues. Carlton Fields is capable of providing other ancillary advice and legal services to property owners. For example, Carlton Fields can provide tax assistance to property owners to address potential tax ramifications of receiving compensation in an eminent domain case. If your eminent domain matter results in an appeal, Carlton Fields' Appellate Practice Group has extensive experience addressing appellate issues. In order to assist with eminent domain matters, Carlton Fields' may retain outside consultants, such as real estate appraisers, engineers, land planners, accountants, economists, surveyors, and photographers. While these professionals bring their particular skill set to the table, Carlton Fields remains the team leader to ensure the most effective representation in eminent domain matters.
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