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Eminent Domain Our Team Our Eminent Domain team has grown to become one of the largest group of attorneys in the Commonwealth dedicated to helping you The Firm throughout the eminent domain process. Tracing its origins to 1919, Kaufman & Canoles has developed its law practice over the years to become the largest law firm headquartered Mark A. Short in Southeastern Virginia. With offices in Norfolk, Member Chair, Eminent Domain Newport News, Hampton, Williamsburg, Virginia Practice Group Beach, Chesapeake, McLean and Richmond, the (757) 873.6351 firm serves international, national and regional [email protected] clients needing assistance in a broad range of legal specialties. Areas of concentration include eminent domain, litigation, mediation and arbitration, land use and real estate law, tax, Stanley G. Barr Jr. trust and estate planning, environmental law, Member regulatory compliance, business law, leasing, (757) 624.3274 and financing. [email protected] Eminent Domain Offices R. Barrow Blackwell Kaufman & Canoles’ Eminent Domain Member Lake Center I 150 W. Main Street (757) 259.3833 501 Independence Parkway Suite 2100 Practice Group is dedicated to the [email protected] Suite 100 Norfolk, VA 23510 representation of property owners Chesapeake, Virginia 23320 T (757) 624.3000 T (757) 546.4100 impacted by condemnation matters Two James Center across Virginia. We combine our 2236 Cunningham Drive 1021 East Cary Street Hampton VA 23666 Suite 1400 thorough knowledge of eminent William L. Holt T (757) 224.2900 Richmond, VA 23219 domain with decades of cumulative T (804) 771.5700 Member land planning, negotiation and (757) 259.3823 One City Center [email protected] 11815 Fountain Way 2101 Parks Avenue litigation experience. Suite 400 Suite 700 Newport News, Virginia 23606 Virginia Beach, VA 23451 T (757) 873.6300 T (757) 491.4000 Mark A. Short Luke J. Bresnahan 1420 Spring Hill Road 4801 Courthouse Street [email protected] Suite 600, Office 606 Suite 300 Associate McLean, Virginia 22102 Williamsburg, VA 23188 (757) 873.6351 (757) 624.3312 T (703) 770.9988 T (757) 259.3800 [email protected] What We Do Kaufman & Canoles is unique in providing comprehensive representation to our clients impacted by eminent domain. We handle all aspects of a condemnation matter, from pre- Eminent Domain We understand you may have condemnation planning with our team of real questions and at Kaufman & estate and land use attorneys, negotiation and Eminent domain allows a government or litigation if needed with our litigation team, and tax authorized agency to take private property for Canoles, we have answers. and estate planning for any settlement received. public uses such as road construction, utilities, railways, and government buildings. A taking can • Can I stop the government from taking my We represent you during all 3 phases of cause dramatic and negative impacts to property property? the eminent domain process, including: owners, business owners and tenants. • How much of my property will be taken? Planning Eminent domain is a specialized and complex • How much will I be paid for the property In the initial phase, the government plans and area of the law, and you should understand all taken? designs the projects, typically over several years. rights and remedies available to you. Hiring an Decisions you make and actions you take during experienced eminent domain attorney can ensure • How does the government decide how much this time may have a significant impact on the your rights and remedies are protected. a taking is worth? compensation you receive from the government, and we can assist you with those decisions and Kaufman & Canoles’ Eminent Domain team brings • What if I don’t accept the offer? decades of combined experience in dealing actions. with these impacts. We also bring the necessary • What if the taking impacts my remaining Acquisition knowledge to navigate the process, moderate the property? Am I entitled to damages and, if impacts on your business and/or property, and so, how are damages calculated? After the government decides to take your maximize your compensation. property, it notifies you and makes you an • What if the taking impacts my business or offer. We help in determining whether the offer my tenants? Am I entitled to loss of profits? is reasonable and the amount you should be paid, including whether you are entitled to • How will the taking impact my mortgage and damages, lost profits, and expert fees. We will taxes? hire experts including appraisers, land planners and engineers, as needed, to assist in maximizing • Should I continue to maintain or develop my your recovery. property? Litigation • How will I be compensated for relocation If settlement is not reached, the government will costs if all of my property is taken? file a lawsuit against you to take your property. • Am I entitled to reimbursement for expert The government must prove that it has met all fees? legal requirements before being granted the right to take your property. You have the right to challenge the government’s taking of your Contact us to learn the property. If the government is allowed to take your answers and how to protect property, a jury or commissioners will determine the final compensation that the government must your rights. pay..
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  • The Case for Recovery of Business Loss in the Taking of Real Property
    Winter 2011, Vol. 14 No. 1 To present the full picture to a trier of fact, the cost-to-cure must be weighed against the damages it seeks to mitigate. To permit a condemning agency to present evidence of a cost-to-cure without fully explaining the damages it has caused only tells half the story and potentially could lead the jury to view the cure as an accomplished fact. Hence, condemnors should be required to testify as to the value of the property without the cure, because the cure is only a possibility, while some degree of damage is certain. Most jurisdictions have not addressed the issue of whether an award of damages in a partial- taking case may be limited to a cost-to-cure when the proposed cure requires discretionary approvals or permits from a governmental agency. Accordingly, there are few decisions addressing what must be demonstrated to allow evidence of such a cure and who bears the burden of proof with respect thereto. Nevertheless, the constitutional mandate of “just compensation” is jeopardized if a property owner is obligated to seek a permit or an approval when such approval is discretionary. Given the implications and the risk associated with a contingent cost-to-cure, the burden of proof should fall squarely on the party proposing the cure, which is typically the condemnor. Additionally, the party proposing the cure should be required to demonstrate more than a reasonable probability of such a cure. Rather, the proponent should be required to present evidence that the cure is reasonably certain to be achieved.
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