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TOPIC: Re:eminent domain
#792
Sumo (User)
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eminent domain 8 Months, 1 Week ago Karma: 5  
What are the defenses to eminent domain. When can a property owner refuse to sell? City wants to take part of client's parking lot. Client doesnt want the $ because he is short on parking as it is.

Any referrals? TX area.
 
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#793
norton (Moderator)
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Re:eminent domain 8 Months, 1 Week ago Karma: 0  
I dont have a referral for you, but defenses to ED are usually constitutional, specifically the 5th Amendment.

Eminent domain abuse happens all the time. Courts look to governments need to "redevelop", "reform", "need", "public welfare", etc.

Article V of the Bill of Rights states "No person shall....be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The real issue for your client is how much is a portion of his parking lot worth? If it gets too crowded and people stop shopping there, then how do you quantify?

Do a google search for an constitutional attorney with eminent domain experience. They can take the case and try it in federal court.
 
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Tim46 (User)
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Re:eminent domain 8 Months ago Karma: 4  
Bierdorf is a nationwide law firm that does eminent domain defense work. My firm has used them.
http://condemnation-law.com/?gclid=CI_SmYWNq5ECFQpFgQodGlchYQ
 
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