Most federal, state, and even local constitutions and ordinances give public authorities the right to take private property for public uses. In those instances, the public authority must pay the landowner a fair price for the land taken. While much litigation has arisen out of disagreements over permissible public uses, both the United States Supreme Court and the Arkansas Supreme Court have expanded vastly the purposes for which private property can be taken.
The Davidson Law Firm has extensive practical experience negotiating and litigating with public entities over condemnation rights. We take great pride in assuring that our clients’ rights are protected, and litigate all manner of condemnation issues, including fair value (whether the client is being fairly compensated for his or her loss), the scope (whether the public entity should be taking more or less of the client’s property, based upon the need and the damage to the remaining property), and whether the taking is truly for a permissible public purpose.
Davidson Law Firm has a well-established reputation with area experts in property valuation and development, as well as extensive litigation experience with municipal zoning and construction. We put every bit of this knowledge to use in vehemently representing our clients against public takings of their private property.
The Arkansas Constitution, Article 2, Section 22 says:
The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation thereof.
Davidson Law Firm takes your personal property rights very seriously, and fights for our clients’ constitutional protections at every turn.
Please feel free to visit the Commercial Litigation section of our website for more information on the exquisite litigation skills of our attorneys. While we hope none of our clients will face an unwilling condemnation, should that be the case, contact Davidson Law Firm immediately and put us to work protecting your rights.