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Eminent Domain Law

Eminent Domain Law

Governmental units, and other entities have the power to take private property for transportation, energy and other public purposes through the legal process known as eminent domain, also called condemnation.

For more than 40 years, our firm has represented governmental units, utilities, and landowners in disputes concerning the taking of property by eminent domain. Through representation of utilities in major electric transmission projects and local governments in right of way projects, our firm has obtained extensive experience in condemnation law in Kentucky.

Our representation encompasses the entire spectrum of the eminent domain process, including pre-litigation planning and negotiation, trial, and any necessary appeals. We share our clients’ interest in pursuing and completing their projects in a timely and cost-efficient manner.

Our firm also represents landowners whose land is being condemned for a public project. We ensure the landowner’s property rights are protected from negotiation with the public entity through trial, if necessary. We assist the landowner to receive just compensation for the taken property.

Frequently Asked Questions

Are there any steps that a condemning authority must take before filings condemnation action?

Yes. In particular, the condemning authority must develop plans and specifications for the project, and must make a reasonable effort to acquire through bargaining the rights it needs from the affected landowner without the necessity of suit.

What challenges can a condemning authority which has filed a condemnation suit expect to the right of that entity to condemn?

In general, we see three types of challenges. These are a challenge to the authority of the entity to condemn, a challenge to the necessity for the exercise of that authority in the case at hand, and a challenge that the condemning authority did not bargain in good faith prior to filing a condemnation action.

Is a condemnation trial before a jury or the court, and, in such a trial, what are the issues

The issue of the right to condemn is tried before the Court as soon as reasonably practicable after the suit is filed. Once any issues concerning the right to condemn have been resolved, and assuming the action is not dismissed because the party filing suit did not have the right to condemn, the only remaining issue for trial is the amount of compensation to be paid to the affected landowner. The trial concerning the amount of compensation always is before a jury.

Our Team

Representative Clients

  • Big Rivers Electric Corporation
  • Owensboro Daviess County Regional Airport.