Pittsburgh Eminent Domain / Condemnation Law Firm
Tarasi & Tarasi has the experience required to aggressively defend your right and maximize your compensation in an eminent Pittsburgh domain/condemnation proceeding. Eminent domain/condemnation involves the government - federal, state, or local - threatening to acquire your property (De Jure Condemnation) or interfering with your property rights(De Facto Condemnation). Since the 1970's, we have successfully defended our clients' rights and property values. Unlike other law firms that handle an eminent domain case once every few years, we have the expertise formed from nearly three decades of continual work on eminent domain issues. Let us guide you through the complexities of the eminent domain process, starting with your right to challenge the taking of your property.
The sooner you call after receiving notice from the government, the more likely we can help you maximize the protection for your property. Even if the eminent domain process occurs, the government still cannot dictate the price to be paid for the taking of your property. We strongly suggest that you act early and quickly to gain the maximum protection for your property.
At Tarasi & Tarasi we have secured significant dollar recoveries from governmental bodies for acquisitions concerning:
- Single-Family Homes and Property
- Apartment Complexes and Multi-Family Dwellings
- Industrial Buildings
- Warehouses
- Agricultural Property
- Shopping Centers
- Commercial Development Property
- Office Buildings
- Parking Lots
Since the 1970's, we have developed substantial experience on cases involving challenges to the land acquisition itself and such valuation issues as:
- Total Takings
- Partial Takings
- De Facto Takings
- Loss of Development Potential
- Material Impairment of Access
- Airplane over flights
Here are some guidelines for property owners affected by Pittsburgh eminent domain/condemnation law:
Land for public use
The definition of "land for public use" is broad in scope. The most common applications are new or expanded roadways, schools, police or fire stations, parks and forest preserves. In general, it involves the acquisition of land supported through public tax dollars.
Condemnation lawsuit
When a governmental body plans to exercise eminent domain, it first attempts to agree with the owner on just compensation for the property. If that is unsuccessful, it petitions a court to set the compensation. As in any lawsuit, a summons is issued and served on all parties interested in the land informing them that they must respond to the complaint with in a given period of time, usually 30 days. If the property owner ignores the summons, then he can be found in "default" and the government can proceed with acquisition without his cooperation.
Due process of law
In eminent domain actions, due process of law must be afforded to the property owners. This includes the service of the above-mentioned summons and complaint and a hearing on the issue of just compensation, in the form of a trial by jury.
Traverse and motion to dismiss
Any party interested in the property can challenge a taking by condemnation through a proceeding called a "traverse and motion to dismiss." The grounds for a traverse hearing include such issues as lack of legal authority to purchase the land, lack of necessity to purchase the land, lack of a bona fide attempt to reach a financial agreement with the owner, and that the taking is excessive of the need of the public. At a traverse and motion to dismiss hearing, the owner must present evidence and witnesses to contest the taking. This proceeding is heard before a judge without a jury. If the judge finds in favor of the owner, the complaint for condemnation is dismissed.
Just compensation
The government must pay the owner "just compensation," which generally is defined as the fair cash market value of the property at its "highest and best use." "Just compensation" is determined as of the date the suit is filed. The government also may offer the owner additional funds to compensate for moving, relocation and the owner's inconvenience, but generally is not required to do so.
Highest and best use
The "highest and best use" of the property generally is determined by its potential use as of the date the suit is filed. The development potential is determined by the real estate market, economic and legal factors, and physical attributes of the property, among others.
Quick take
In some instances, the government may have the power of "quick take." this means that the government can pay a preliminary amount of compensation and be immediately vested with title to and possession of the property. The parties interested in the property have the right to possession of the preliminary compensation with no effect on their rights should the matter proceed to trial on the issue of compensation.
