Condemnation, Eminent Domain: Protecting Private Property Rights

There are few more soundly entrenched principles upon which this country was founded than those set forth in the Fifth Amendment to the United States Constitution, which dictates that private property may not be taken for a public use without just compensation. While this prohibition was meant to protect private property rights, many municipalities have, with increasing frequency, sought to turn this concept on its head, by using and abusing their power of eminent domain to take private property without legal justification and without offering just compensation.

While it may seem daunting to fight the government when it comes after your property, with the right lawyer, you can fight the government, you can in many circumstances stop the government from taking your property, and you can obtain just compensation if the government does take your property. Our firm is the quintessential protagonist for personal property rights, and we can and will fight big government for you and win.

For example, the firm recently obtained an historic victory for one of our clients whose property was made the target of an eminent domain proceeding. We successfully fought the government off, proving in that case that the government officials actually acted to benefit themselves and other private parties with whom they were aligned, rather than the public. This marked the first victory of its kind for a private property owner in over a century. To read more, go to 49 WB, LLC v. Village of Haverstraw, 839 N.Y.S.2d 127 (2d Dept. 2007).

Additionally, the firm recently obtained a virtually unprecedented trial victory in an eminent domain valuation proceeding, which resulted in a court ordered 90% increase over the value offered to our client by the municipality before we were hired.

Contact Us

Please call our South Nyack Office at (845) 353-2000
for inquiries regarding our Condemnation and Eminent Domain Practice,
or to arrange a consultation with one of our lawyers below:

J. David MacCartney, Jr. Partner
Dennis E.A. Lynch, Partner