Eminent domain (sometimes referred to as condemnation) is a law granted by the United States and Kentucky Constitutions and by Commonwealth of Kentucky statutes. It gives Kentucky and the federal government, schools, cities, and utility companies the right to condemn private property for public use without the owners’ consent. For example, this power can be sued for streets, highway and sanitary sewer acquisitions, public water lines, utility substations, transmission corridors, or natural gas pipelines.
The law does offer you some protection, because its demands that the government prove the need for the property and fully compensate the property owner before they can take the property. They must prove this need to a judge at a bench trial. Furthermore, you have the right to appeal if you disagree with the trial judge’s ruling. The challenge of the “right to take” all occurs before the government can force possession of your land. This is an important right that is often overlooked.
You do not want to represent yourself in these matters. You need a qualified Kentucky attorney. Bob Blau is a highly skilled attorney who has more then three decades of experience representing Kentucky property owners challenging the right to take and getting the governmental to offer the highest price for their land if the right to take challenge is lost. Bob focuses on the Northern Kentucky region, but also represents business and private-property owners throughout the Commonwealth of Kentucky.
If you are facing an eminent domain case, it is important to have your case evaluated as early as possible. The earlier an attorney gets involved, the better the results. It is especially important to involve an attorney before the government completes its appraisal of your land. Bob has represented many clients in eminent domain proceedings initiated by the Sanitation District No. 1 and the Commonwealth of Kentucky Department of Highway.
Fees: The fees in these cases are not the traditional way attorneys normally charge a client. If the “right to take” is challenged then my fees are on an hourly basis of $195.00 per hour with usually a $2,000.00 retainer required. However, if the amount of compensation offered by the condemning authority is the issue then Bob charges his clients on a contingency fee basis. The easiest explanation is by example: If the condemning authority offers $10,000.00 for the property, but you think the value is higher then Bob charges 1/3 of any recovery that is above $10,000.00. If for example, Bob negotiates a settlement of $19,000.00, Bob’s fee is based on the $9,000.00 above the $10,000.00, his fee is $3,000.00. If the recovery is not above the $10,000.00 offer there is no fee for Bob’s time. Though, there may also be expert appraisal or survey fees that are the client’s responsibility. Bob will be glad to meet with you to discuss your case. The consultation is free.
We offer free, no obligation consultations. If you have any questions about your right or believe you may need a Kentucky eminent domain lawyer, then contact us today – we are standing by to help you! Our office is conveniently located in Cold Spring, Kentucky – just 6 traffic lights south of the Northern Kentucky University school entrance. We represent and serve clients throughout the Commonwealth of Kentucky and the greater Cincinnati area.