Cleveland, Ohio
Condemnation and Eminent Domain Attorney

When you’re facing the potential loss of your property through condemnation or eminent domain, you need an attorney who understands this complex area of law and has the experience to protect your rights.

At Cavell Law, our team has been representing property owners in Cleveland, Ohio, and throughout the state in condemnation and eminent domain matters for years.

We understand how challenging and emotional these cases can be for property owners. Our Firm is here to guide you through the legal process, ensure you receive just compensation, and protect your interests every step of the way.

What is Condemnation and Eminent Domain Law?

Condemnation and eminent domain law governs the process by which government entities or authorized private parties can acquire private property for public use. This area of law is rooted in the Fifth Amendment to the U.S. Constitution, which requires that private property shall not be taken for public use without just compensation.

In Ohio, eminent domain proceedings are governed by state statutes, including Ohio Revised Code Chapter 163, as well as constitutional provisions and case law. Our experienced Ohio condemnation and eminent domain attorney stays up-to-date on the latest legal developments to provide our clients with informed, effective representation.

Our Condemnation and Eminent Domain Services

At Cavell Law, we represent property owners facing a wide range of condemnation and eminent domain issues, including:

• Challenging the government’s right to take property
• Negotiating for higher compensation
• Addressing partial takings and severance damages
• Dealing with temporary takings or easements
• Handling relocation expenses and business losses
• Litigating just compensation claims in court
• Addressing environmental contamination issues in takings

We’ve handled cases involving various types of property and public projects, such as:

• Residential and commercial real estate
• Agricultural land and family farms
• Highway and road expansions
• Utility easements and pipeline projects
• Urban redevelopment initiatives
• Public facilities and infrastructure projects

Whether you’re a homeowner, business owner, or landowner facing condemnation, we have the skills and experience to help you navigate this complex process and fight for your rights.

Why Choose Our Firm for Your Condemnation and Eminent Domain Case?

When you work with Cavell Law on your condemnation or eminent domain case, you can expect:

• In-depth knowledge of Ohio and federal eminent domain laws
• A proven track record of success in maximizing compensation for property owners
• Personalized attention and responsive communication throughout your case
• A strategic approach that leverages legal, appraisal, and engineering experience
• A commitment to protecting your rights and interests against government overreach

We recognize that every condemnation case is unique, and we take the time to understand the specific details of your property and situation to develop the most effective legal strategy.

Our Approach to Condemnation and Eminent Domain Cases

Our Firm approaches each condemnation and eminent domain case with a focus on thorough preparation, strategic thinking, and strong advocacy. We begin by conducting a comprehensive analysis of the proposed taking, including:

• Reviewing the government’s appraisal and project plans
• Assessing the property’s highest and best use
• Identifying all compensable damages, including severance damages
• Evaluating potential challenges to the government’s right to take

From there, we develop a tailored legal strategy aimed at achieving the best possible outcome for you. This may involve:

• Negotiating with the condemning authority for increased compensation
• Challenging the public use or necessity of the taking
• Working with appraisers, engineers, and other experts to support your valuation
• Litigating just compensation claims in court
• Addressing relocation issues and business losses
• Appealing unfavorable decisions when necessary

Throughout the process, we keep our clients fully informed and involved, ensuring you understand your options and can make informed decisions about your case.

Frequently Asked Questions

Can I stop the government from taking my property?

While it’s challenging to prevent a taking entirely, you can contest the government’s right to take your property if it’s not for a valid public use or if the government hasn’t followed proper procedures. Even if the taking is valid, you have the right to fight for just compensation.

How is just compensation determined in Ohio?

Just compensation is typically based on the fair market value of the property taken, plus any severance damages to remaining property. Factors considered may include the property’s highest and best use, comparable sales, and potential income generation.

What is a partial taking?

A partial taking occurs when the government only needs a portion of your property. In these cases, you’re entitled to compensation not only for the part taken but also for any decrease in value to your remaining property (severance damages).

Can I recover relocation expenses if my business is displaced?

Yes, under both federal and Ohio law, businesses displaced by eminent domain may be eligible for relocation assistance, including moving expenses and reestablishment costs.

How long does the eminent domain process take?

The timeline can vary significantly depending on the complexity of the case and whether it goes to trial. Some cases may be resolved in a few months through negotiation, while others may take a year or more if litigation is necessary.

Contact Our Cleveland, Ohio Condemnation and Eminent Domain Attorney

If you’re facing condemnation or eminent domain proceedings in Cleveland or anywhere in Ohio, the team at Cavell Law is here to help. We offer confidential consultations to discuss your case and explore how we can assist you in protecting your property rights and securing just compensation.

To schedule a meeting with our condemnation and eminent domain attorney, please call our office or schedule a consultation online. We look forward to learning more about your situation and discussing how we can help you navigate this challenging legal process.