Eminent Domain

Protecting the rights of property owners and businesses.

The firm represents property owners, businesses, and tenants in eminent domain matters, with experience serving clients ranging from Fortune 500 companies to families facing the loss of their homes or property through condemnation proceedings.

We assist clients through every stage of the eminent domain process:

  • Design Phase: Reviewing project plans to identify property impacts and negotiate design modifications when appropriate.
  • Appraisal Phase: Working with condemning authorities and appraisers to ensure all project impacts and damages are properly evaluated.
  • Negotiation Phase: Reviewing compensation offers and advising clients on fair and strategic counteroffers.
  • Litigation Phase: Protecting our clients’ Constitutional right to just compensation through settlement negotiations or trial proceedings.

When you retain Walsh, Colucci, Lubeley & Walsh for an eminent domain matter, you gain access to a multidisciplinary team with experience not only in condemnation law, but also in zoning, real estate transactions, tax, and estate planning. Clients also benefit from the guidance of licensed CPA and attorney Charles E. McWilliams, Jr., who assists with lost profit claims and advises clients seeking to defer federal tax liability through Section 1033 exchanges.

Our experience also includes regulatory takings claims, inverse condemnation actions, power transmission line cases before the Virginia State Corporation Commission, and natural gas transmission line matters before the Federal Energy Regulatory Commission.

Our goal is to handle eminent domain matters efficiently, strategically, and effectively so clients achieve the strongest possible outcome.

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Practice Group Leader

Michael J. Coughlin

Michael J. Coughlin

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Eminent Domain Frequently Asked Questions & Case Studies

Property owners have a constitutional right to just compensation, and that taking must be for a public use, so yes, there is a lot you can do to increase the chances of a favorable result. You can ask for changes to the plans, you can discuss with the condemning agency the impact of the taking on your remaining property, you can negotiate for more compensation, and you can present your case at a trial if you cannot reach an acceptable agreement.

In certain circumstances involving a taking of land in Virginia, yes, lost profits are recoverable for up to three years. The firm has been involved in drafting legislation that has strengthened the ability of businesses and farm operations to recover lost profits, and has resolved several lost profit claims since lost profits became recoverable in 2013.

A homeowner or business owner that must be relocated because of a taking is entitled to relocation benefits, which can include payments for moving expenses and payments to adapt the new location to the needs of the homeowner or business. Homeowners can also receive an additional Relocation Housing Payment when the market value of replacement housing is more than the market value of the existing housing.

It is entirely up to the affected property owner, tenant, business owner or farm owner whether to retain an attorney. We strive to obtain results for our clients that they could not obtain without our services, expertise, and relationships.

Typically, the firm handles cases on a contingency fee basis, where our fee is 1/3 of the difference between the initial written offer and the final settlement amount or court award. Under this arrangement, the client retains the initial amount offered, and the firm’s fee is paid at the end of the matter from the additional compensation paid. We also handle cases on an hourly basis, and we discuss with our potential clients what fee arrangement is the most appropriate for the case.

We offer a free consultation, either in person or on the phone. During this consultation, we will evaluate the merits of the case and also discuss the appropriate fee arrangement.

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