During these unprecedented times, Clark, Perdue, & List Co, LPA is here to fully support your needs in a timely and safe manner. COVID-19 should not affect your ability to investigate a personal injury case. We currently remain open and are still accepting new cases. With your safety top of mind, we are scheduling all meetings via telephone or video conference at this time.

Challenging Eminent Domain Appropriation in Court

When a petition for eminent domain appropriation is filed with the court and served upon the property owner, the property owner may file an Answer denying the necessity of the appropriation and/or denying that the appropriation is for a public use. This puts the proceeding on a fast track. A hearing will be set within 15 days from the filing of the Answer. Absent an irrebuttable presumption of necessity, the judge (no jury) will determine the necessity and whether the appropriation is for a public use. If the judge finds in favor of the appropriating authority, a trial will be set at a later time to determine just compensation for taking the property.

If the judge decides the matter in favor of the property owner as to the necessity for the appropriation or whether the appropriation is for a public use, then the judge shall award the property owner reasonable attorney’s fees, expenses and costs.

Clark, Perdue & List

If you have received notice that your property is subject to an eminent domain proceeding and want to make sure that you are being treated fairly, contact our Ohio eminent domain attorneys for a free consultation.

RECENT BLOG POSTS FOR EMINENT DOMAIN

Powell Road Eminent Domain — private property at risk

Whenever roadway improvement projects are undertaken in residential communities, local property owners can be subject to eminent domain -- the taking of some or all of the owner's property to accommodate the project.  The Powell Road eminent domain project is no...

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AEP Eminent Domain Lawsuit

American Electric Power ("AEP") has filed an AEP eminent domain lawsuit against several homeowners in Ross County, Ohio.   The AEP eminent domain lawsuit is related to AEP's ongoing Biers Run Substation project near Chillicothe, Ohio.  Clark Perdue is defending an AEP...

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Millions to be paid for Rover Pipeline easement

Rover Pipeline LLC estimates that it will pay $124 million in direct payments to landowners for easements needed for the construction of the planned Rover Pipeline. It is possible that eminent domain will be used to procure those easements. The proposed Rover Pipeline...

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Eminent Domain possible in proposed Rover Pipeline

Rover Pipeline LLC made its initial application to the Federal Energy Regulation Commission early this year and will make its final submission in early 2016.  Under federal policy for natural gas that is transported for sale across state lines, the pipeline that...

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Rover Pipeline Route Proposed

Eminent domain update: Rover Pipeline, LLC has released updated maps showing the proposed route of the planned Rover Pipeline. The Rover Pipeline is a new interstate pipeline designed to transport natural gas from the Marcellus and Utica Shale areas in Ohio, West...

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