No more fundamental conflict exists than when the
government takes an individual's property rights. The taking of individual
rights by the King without paying for them was a primary cause of the American
Revolution. Today, both the United States and most states have
constitutional provisions requiring government to pay "just compensation" or
"fair market value" when it takes an individual's property.
Condemnation becomes complex when commercial or
business property is involved, or where the government takes only a part of the
property leaving the remainder. Condemnation can affect easements,
riparian rights, oil, gas, and mineral rights, and a host of other attributes of
At Rollings, Shaw & Associates, P.C. we understand
condemnation. We have been handling condemnation cases since the mid
1960's. Litigating the rights of property owners, all the way to a jury
trial if necessary, has been an area in which we have had a particular interest
and significant experience.
Obtaining damages for a client whose property is being
all or partially taken by public authorities is a primary focus of our
practice. Partial taking, not only takes property rights away, but affects
the remaining property in many adverse ways. Demonstrating the damages
resulting from condemnation is a complex, specific area. Assembling and
presenting evidence of damages for our clients has been a hallmark of our
practice for more than 36 years.
Just ask us. We will show you our condemnation
record and the best results we have obtained for clients who have stood their
ground in the face of governmental appropriation of their property. While
every case turns on its own facts and past results are no guarantee of future
awards, there is clear evidence that the landowner who stands up for his or her
rights against the condemning government authority stands an excellent chance of
obtaining just compensation.
Many of our clients come to us after being visited by
government right-of-way negotiators or acquisition agents. Many of them
bring brochures and other literature touting government "fairness" and
"sensitivity" to the landowner's plight in taking. The facts are often
otherwise. The taking of a person's property, whether his home, farm,
ranch, or business, is a traumatic event for which the landowner is frequently
not compensated unless he stands up for his rights. Government frequently
does not offer "fair market value" and frequently proceeds on appraisals that
are in-house, speculative or done with little or no credentials. Seldom do
government right-of-way negotiators or acquisition agents offer "just
compensation" or "fair market value" unless forced to do so.
Dealing with government authorities taking individual
property right is what we do. We are ready to take on any government who
condemns a persons property to take it from them. Obtaining "just
compensation" and "fair market value" for our clients has been a satisfying and
personally rewarding part of our practice for more than 36 years. Please
call us at 1-800-946-4006, (636) 946-0500 or check the condemnation box on the
"more information page" for additional written information.
Copyright 2008. All Rights Reserved.
Rollings, Shaw and Associates, P.C.