Eminent Domain

Eminent domain is the power used by governmental entities to take private property for public use. Community associations most commonly face such takings in connection with public utility right-of-way expansions or a road widening. When a governmental entity uses eminent domain to take an association’s common areas unique issues arise requiring an attorney experienced in eminent domain cases to not only recover full compensation, but also identify and ensure proper resolution of non-monetary issues that are equally important to the association.

While the taking of walls, fences, and entrance way features has a direct monetary value entitling an association to compensation, effectively negotiating the reconstruction of these structures and obtaining Right of Way Utilization Permits to maintain signage, irrigation systems, and lighting associated with these structures greatly mitigates the impact of loss to each home in the community. Similarly, identifying and minimizing interference with association easement rights can have an impact not measurable in dollars to an association’s members.

AriasBosinger has the knowledge and experience to successfully identify and recover maximum compensation, while also effectively negotiating the restoration of community features and improvements in eminent domain cases.