Eminent Domain

Eminent Domain Practice

Kaufman & Canoles’ Eminent Domain Practice Group is dedicated to the representation of property owners impacted by condemnation matters across Virginia. We combine our thorough knowledge of eminent domain with decades of cumulative land planning, negotiation and litigation experience. Throughout the condemnation process, we work with clients to maximize the economic benefit, while also working to minimize the negative impacts of the condemnation on their overall property interests.

  • Who We Are

    Kaufman & Canoles’ Eminent Domain Practice Group represents individual property owners, businesses, and tenants in all phases of the eminent domain process. Our firm is unique as a "one-stop shop" providing comprehensive representation to our clients impacted by eminent domain. We handle all aspects of a condemnation matter, from pre-condemnation planning with the support of our land use team of attorneys, negotiation and litigation with our team of eminent domain trial attorneys, and tax and estate planning with the support of our tax and trust and estate attorneys for any settlement or award received. Our attorneys possess a wealth of talent and experience and have a proven track record in handling both routine and complex eminent domain matters.

  • What We Do

    We assist landowners and tenants in each stage of the condemnation process:

    Planning - In the initial phase, the government plans and designs the projects, typically over several years. Planning and decisions you make during this time may have a significant impact on the compensation you receive from the government.

    Acquisition - After the government makes its decision to take all or a portion of your property, it notifies you and makes you an offer. We will help you in determining whether the offer is reasonable and the amount you should be paid, including whether you are entitled to damages. We will work closely with you and any experts we believe should be hired, including appraisers, land planners and engineers, to maximize your recovery. To the extent the acquisition is a total take of your property, we can assist you in maximizing your recovery for relocation expenses.

    Litigation - If a settlement is not reached, the government will file a lawsuit against you to take your property. The government must prove that it has met all legal requirements before being granted the right to take your property. You have the right to challenge the government’s taking of your property. If the government is allowed to take your property, a jury or commissioners will determine the final compensation that the government must pay. You may also be entitled to an award of interest as well as expert fees and costs incurred as a result of the litigation.

    Our attorneys have the experience necessary to identify property values, damages and relocation assistance that can lead to a higher amount of compensation. Our close relationships with appraisers, engineers, real estate brokers and development professionals facilitate our ability to negotiate and try cases effectively and successfully.

    For a detailed brochure on our team and services, please click here.

  • Representative Matters

    • Represented individual and business landowners in condemnation matters related to the Atlantic Coast Pipeline, with substantial experience negotiating settlements for landowners and preparing agreements with terms protecting the landowner’s property rights
    • Represented numerous shopping centers, retailers, and restaurants in eminent domain cases filed by VDOT, the federal government, and localities
    • Represented the owners of hotel properties, medical complexes, vacant parcels, storage facilities, and a wide variety of other types of investment properties in eminent domain cases
    • Represented residential property owners in eminent domain actions filed by VDOT, localities, and utility providers
    • Represented landowners and tenants in disputes concerning relocation expenses

     

  • Press and Publication