CHALLENGE THE GOVERNMENT’S AUTHORITY TO TAKE PROPERTY

The government’s exercise of its Eminent Domain power is subject to limitations and guidelines as set out under the Eminent Domain Law of Missouri and Illinois. If the government does not follow these guidelines, a Property Owner can challenge the government in court.

The Gilroy Law Firm, the pre-eminent Saint Louis Eminent Domain law firm, has successfully defended Property Owners and stopped condemnations of Client’s properties. The Eminent Domain Law permits challenges for a number of reasons, such as: .

1. The property condemned will be used for a private purpose such as a private road easement
2. The acquisition of the property is not necessary to achieve the specified public purpose as required by the Missouri and Illinois and Federal Constitutions
3. The entity seeking the condemnation lacks the authority to exercise Eminent Domain power
4. The condemning authority did not make a good faith offer to purchase the property prior to exercising its power of Eminent Domain
5. The procedural requirements set out under the Eminent Domain Law were not properly followed

Challenges to the government’s power must be brought at the 1st stage of an Eminent Domain or condemnation matter, i.e. the Condemnation Hearing.

In order to provide adequate preparation time for all possible challenges, Property Owners are advised to consult legal counsel with experience in Eminent Domain as soon as they become aware of a condemning authority’s intent to take their property. .

Should you desire The Gilroy Law Firm’s legal advice and assistance with regard to your Eminent Domain case, we look forward to your telephone call 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.