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Eminent Domain


Gaylord Merlin represents land & business owners when their property is taken. "Eminent domain" is the fundamental power of the government to take private property for a public use without the owner’s consent. An entity using the power of eminent domain is called a "condemning authority." The power of eminent domain is an inherent attribute of government that is absolute, except as may be limited by the Constitution. The power of eminent domain arises from the practical necessity to take property for the public good, and every property owner holds title subject to the superior right of the government to take it for a public use. The government cannot take private property unless it pays the owner just or "full" compensation for his property, and the taking must be for a public purpose. Our law firm only represents property and business owners who suffer a taking of their property by the government or other entity having the power of eminent domain. We do not represent the government when it tries to take an owner’s property. Our attorneys devote their practice to this special area of the law and are dedicated to protecting landowners’ rights when their property is taken for a public use.