Condemnation and Eminent Domain

Standing in the face of eminent domain litigation can raise many questions. Luckily for our clients, we have evaluated and litigated the right to take private property and developed sophisticated damage models intended to accurately compensate for losses from condemnation proceedings.

Eminent Domain

The growing concern over how and when the power of eminent domain can be exercised is not slowing down.

Eminent domain is the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character. Eminent domain law and legal procedures vary, sometimes significantly, between jurisdictions.

These issues require an understanding of several factors outside of the law, such as political, commercial, and special interests that need to be investigated, evaluated and thoroughly understood when advising clients. Each area, in turn, needs to be examined by counsel that is well-versed in these issues and has the experience and insight to appreciate the implications that may result from certain actions.


Kelley Drye has significant experience representing condemning authorities as well as railroads and other private landowners in eminent domain matters and related litigation. We have litigated issues ranging from the right to take to fair market value, relocation expenses, and just compensation on behalf of railroads, pipeline companies, and quasi-government entities.

Our extensive understanding of real-property damage models and creative approach to the quantification of market and economic damages, gives our team a facility with condemnation matters and damages that can add tremendous value to railroad and transportation companies.

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