THE GILROY LAW FIRM’S ADVICE TO MUNICIPALITIES AND OTHER CONDEMNING AUTHORITIES

The Gilroy Law Firm can help municipalities be “Property Owner Friendly.”   We have 25 years of experience in Saint Louis Eminent Domain cases representing municipalities and other condemning authorities as Special Counsel regarding Public Works Projects. In today’s environment, municipalities need to be “Property Owner Friendly” when seeking to acquire property for public use. The Gilroy Law Firm is known to many municipalities in the Saint Louis area and around the state as being knowledgeable about the procedures that a condemnor must follow in order to acquire property properly without unnecessary injury to Property Owners.

We do not represent Private Developers who attempt to take private property in the government’s name.

When representing Municipalities or other Condemning Authorities in Public Works Projects, The Gilroy Law Firm provides the following advice:

1. We recommend that the condemning authority first hold a Public Hearing to provide Property Owners with notice of the project and then obtain an ordinance or resolution that grants authority for the use of Eminent Domain.
2. We advise condemning authorities to hire a licensed, state certified, MAI appraiser to determine the Fair Market Value of each parcel required (fully or partially) for the project. Visit the MAI website
3. Condemning authorities must abide by the Missouri Revised Statutes when drafting the 60-Day Notice of Intended Acquisition Letter and the 30 Day Offer Letter. The Property Owner’s Bill of Rights, legal description of the taking, and Good Faith Offer to Purchase supported by an Appraisal must be included with such correspondence.
4. If the taking is of the type that will require a Property Owner or Tenant to fully or partially relocate their personal property due to the taking, the condemning authority must notify them of their eligibility for Relocation Assistance under Federal and Missouri Eminent Domain Law. Furthermore, the condemning authority must provide Property Owners with information about available Relocation Benefits and claim procedures.
5. We strongly advise condemning authorities to listen to Property Owners regarding their opinions of Fair Market Value, alternative Project Plans, and the size and location of the Taking. By communicating openly with Property Owners and showing a willingness to address their concerns, the condemning authority is more likely to negotiate a settlement and avoid the use of Eminent Domain.
6. After the Condemnation Petition is filed, we advise condemning authorities to verify that all “Owners of Record” were personally served with the Petition and that any Unknown Defendants received notice of the Petition by proper Publication.
7. In Saint Louis Eminent Domain matters, we advise condemning authorities to prepare for the Commissioners’ Hearing and Property Viewing by staking the ground so the Commissioners and Property Owners are aware of and can properly visualize the taking. We also advise condemnors to prepare detailed and organized presentations regarding the Fair Market Value of property and the Project for the Commissioners’ Hearing. We do not recommend that the condemnor hold back any information or evidence from the Property Owner at this stage.
8. We recommend that condemning authorities pay the amount of the Commissioners’ Award into the Court’s Registry immediately after the Commissioners’ Report is filed because payment is required within thirty (30) days. If the condemnor fails to do so, then Eminent Domain law requires the municipality to pay the Property Owner 6% interest per annum on the amount of damages determined by the Jury.
9. It is always wise to file Exceptions immediately after the Commissioners’ Report has been filed with the Court. When Parties file Exceptions, each Party preserves its right to request a Jury Trial to contest the Award Amount.

Should you wish to retain The Gilroy Law Firm to serve as Special Eminent Domain Counsel and assist with the land acquisition and Eminent Domain components of your Public Works Project, we look forward to your telephone call to discuss our “Municipal Hourly Rates” and to schedule a Working Meeting with our firm. 

To speak with an experienced St. Louis Eminent Domain lawyer, call The Gilroy Law Firm at 314-965-3536, or use our quick contact web form.