Eminent Domain
Eminent domain is the power of government and certain types of corporations to acquire private property for a public use through condemnation. The Federal and New Jersey Constitutions require that just compensation must be paid to the property owner. A key attribute of eminent domain is the ability to take private property even if the owner does not wish to sell.
The power of eminent domain may be exercised for a wide variety of “public use” projects including schools, utility plants, sports stadiums, highways and roads, parks and recreational areas, subways, fire and police stations, public buildings and for the elimination of blight through economic redevelopment. In the landmark case, Kelo v. City of New London, the United States Supreme Court ruled that a local government could require property owners to sell even though the area was not blighted if it determined a project would benefit the public by promoting economic development. In the Kelo case the public benefit included an expanded tax base and the generation of new jobs resulting from the redevelopment project. McKirdy and Riskin, P.A. has been at the forefront of efforts to prevent similar takings from occurring in the State of New Jersey.
Over the course of 40 years, McKirdy and Riskin, P.A. has established a solid reputation in the forefront in New Jersey eminent domain and condemnation matters. We provide representation of property owners -- individuals and businesses – whose real estate is subject to condemnation and eminent domain actions. From challenging the right to take, pre-litigation negotiations, and through valuation at trial, the attorneys of McKirdy and Riskin, P.A. work with their clients at every step of the process to assure that the constitutional mandate of just compensation is fulfilled. Our attorneys try contested matters before juries and argue cases before the appellate courts. Our track record is demonstrated in the reported judicial decisions of the courts of New Jersey.
Engaging the legal counsel of McKirdy and Riskin immediately upon learning that a property may be subject to condemnation gives property owners a head start in obtaining just compensation. Our decades of experience in the field – and our extensive knowledge of New Jersey’s laws and governmental entities – has made our firm well-versed in the challenges of eminent domain takings. We are dedicated to helping property owners avoid the pitfalls associated with the process. While there are many established recommendations and precautions associated with eminent domain proceedings – a number of which are addressed on our Important Facts section – a thorough assessment of one’s individual situation is needed in order to identify all the factors that will influence the course of action.
Dependent upon the particular valuation issues associated with your property, we will engage - with your input and participation - the services of skilled real estate appraisers, accountants, engineers, land use planners and other consultants to work on your behalf. As a property owner, you are entitled to a monetary outcome comparable to that you would have experienced had your property not been taken. Our goal for every client is to achieve an outcome that results in just compensation for the owner. There is no charge for an initial consultation with you concerning your matter.
