Eminent Domain & Condemnation
Representing Missouri and Kansas landowners against condemning authorities in highway, utility, pipeline, school, and levee district takings, with hundreds of cases since 2001.
What is eminent domain & condemnation?
Eminent domain is the government's power to take private property for public use. The Fifth Amendment to the U.S. Constitution requires that the owner receive just compensation. Condemnation is the legal proceeding through which that taking occurs and the compensation is determined.
We have been on the other side
Ward Brown served as lead trial counsel for the Tax Increment Financing Commission of Kansas City, Missouri, taking property for public projects. Since 2001, he has used that experience exclusively for landowners, successfully representing property owners in hundreds of condemnation actions across Missouri and Kansas.
That history is the practical advantage we offer. We know how condemning authorities build their appraisals, which assumptions in those appraisals do not survive cross-examination, and what a case is genuinely worth well before a commissioners’ hearing convenes.
What “just compensation” should include
The Fifth Amendment requires the government to provide just compensation to the owner of any private property it takes. Owners are frequently paid for the land taken and nothing more, even though the law may entitle them to considerably more:
- Damage to the remainder of a property after a partial taking
- Loss of access, visibility, or usable frontage
- Severance damages where a tract is split
- Missouri heritage value for long-held family farms
- Enhanced compensation on homestead takings
- Relocation and business loss where applicable
Projects we handle
Highway and interstate expansions, local road and transportation projects, electric transmission lines and pipelines, sewer and water districts, airports and railroads, public schools and universities, and levee and drainage districts.
If you have received a letter, an appraisal, or an offer from a condemning authority, talk to a lawyer before you respond.
Common questions
Do I have to accept the government's first offer for my property?
No. The initial offer is the condemning authority's own appraisal figure, and in our experience it frequently understates what an owner is entitled to. That is particularly true on partial takings, where the damage to the property you keep can exceed the value of the strip that is taken. You have the right to your own appraisal and to contest the amount. Accepting an early offer waives arguments you may never get back.
What is 'heritage value' in a Missouri condemnation case?
Missouri law provides enhanced compensation in certain takings. When a homestead is taken, an owner may be entitled to compensation above fair market value, and when farmland has been owned by the same family for 50 years or more, Missouri's heritage value provision can increase the award substantially. These protections are frequently overlooked by owners negotiating without counsel.
How does the condemnation process work?
In Missouri, the condemning authority must first attempt to negotiate in good faith. If no agreement is reached, it files a condemnation petition, and the court appoints commissioners who inspect the property and file an award. Either side may file exceptions to that award and demand a jury trial on the amount of just compensation. The authority can generally take possession by paying the commissioners' award into court, which means the fight over value often continues after you have already lost the property.
What does it cost a landowner to hire an eminent domain attorney?
These matters are typically handled on a contingent fee based on the amount recovered above the condemning authority's offer, so a landowner is not paying hourly to fight for compensation they are already owed. We offer a free evaluation on contingent fee matters.
Can I fight whether the taking happens at all?
Sometimes. Challenges to the authority's right to take are available but must be raised early in the proceeding. Those challenges can include whether the use is genuinely public, whether the entity has the power, whether it negotiated in good faith, and whether the taking exceeds what the project needs. Most cases ultimately turn on compensation rather than the right to take, but the threshold questions are worth reviewing before deadlines pass.
Talk with a lawyer who knows this community.
Tell us what you are facing. We will point you to the right attorney and explain your options in plain language. No obligation.