Eminent domain, also referred to as Condemnation, is an awesome power which allows organizations to acquire property rights for transportation, gas and electrical transmission, airport projects, and other uses which serve the public. Organizations, other than governmental bodies, are not automatically granted this awesome power. The power is granted to only those organizations which meet specific requirements under the law. The power, if granted, is further restricted by the law which requires condemnors to follow specific, technical procedures to properly condemn.
As a property owner in the United States, and more specifically Pennsylvania, you are entitled to constitutional protections set forth in both the federal and state constitutions. Imbedded in these constitutions is the right to own property as well as exclude others from using your property. When organizations use the power of eminent domain to acquire your property, these constitutional rights are under attack. Under the law, you are entitled to just compensation for the acquisition of your property rights. However, landowners should be cautious in accepting condemnors’ subjective appraisal of the property. An experienced eminent domain attorney should be consulted before relinquishing your property rights. An attorney experienced in this specialized field may service owners by halting condemnation or recovering some or all of the following damages provided to property owners under the law: property damages, relocation expenses, business dislocation damages, and professional fees including engineering, appraisal, and attorney fees.
Michael F. Faherty, one of the most experienced eminent domain attorneys in Pennsylvania, leads this practice. He regularly advises property owners to maximize recovery by negotiation or litigation. He has been honored by being selected as the one, and only, representative for Pennsylvania to the Owners’ Counsel of America, the leading worldwide advocate for property owner rights.