In addition to eminent domain and inverse condemnation, our law firm has experience assisting owners in protecting their property rights when the government tries to do something that adversely affects the owner's land.
For example, the government often attempts to limit an owner's access to its land by closing an existing driveway or significantly reducing the size and width of the driveway. Or the government may intend to construct a raised concrete median in the road that denies an owner the ability to make left turns into and out of his property. Although the government may be legally permitted to make these changes to an owner's access under applicable law, it may not have properly sought the requested access change, or may in fact not be allowed to do what it is trying to do.
Our firm has experience in representing landowners and business owners in both driveway closure and median construction cases. We have been successful in often convincing government to allow the owner's access to remain, or we have proposed an alternative that preserves the owner's access yet satisfies the government's design or safety concerns.
Our firm has experience in handling Bert J. Harris property rights claims on behalf of owners and is equipped to prepare and pursue these actions if requested.
When an owner's property rights have been substantially impacted by a government regulation or action, the owner may have a remedy under the Bert J. Harris, Jr. Private Property Rights Protection Act. This is a statutory provision enacted in 1995 which is designed to provide relief to property owners when an action of a governmental entity has placed an inordinate burden on the existing uses or vested rights to specific uses of real property. This Act provides a new cause of action for governmental conduct that damages private property but may not rise to the level of a constitutional taking under the law.
