Eminent Domain

Experienced Eastern Massachusetts Condemnation Attorneys

If a state or municipal entity has taken your property by eminent domain or limits your use of property through regulation, you are entitled to recover monetary damages.

At Phillips & Angley , we have the proven capacity to hold government bodies accountable for the full value of the private land they have taken by eminent domain. Through aggressive litigation, our office assists those clients who have not received adequate and fair compensation for their loss of property.

our lawyers offer quality, experienced representation for damage claims under Massachusetts General Law Chapter 79 for eminent domain actions. We have successfully represented homeowners, commercial property owners and owners of vacant land throughout Eastern Massachusetts, including towns and cities of Wareham, Pembroke, and other municipalities in Plymouth, Barnstable, Norfolk, Middlesex and Bristol counties.

Focused, Formidable Counsel for Your Eminent Domain Legal Issues

Provided that the municipal, county or state entity is taking property for a legitimate public purpose — such as a recreational facility, road or wastewater treatment facility — the government entity is entitled to make the taking by eminent domain. The eminent domain taking occurs soon after notice is served to the affected landowner.

In some instances, the municipality or other taking authority will attempt to remunerate the landowner with a "pro tanto" payment shortly after the taking, but more often than not these payments do not reflect the true monetary loss to the owner.

Obtaining Full Compensation

As a result, eminent domain litigation typically focuses on obtaining the full scope of monetary damages suffered by the landowner. Under Massachusetts law, these damages are based on the fair market value of the "highest and best use" of the property taken, even if such use was not occurring on the property at the time of the taking. Despite this standard, municipalities often drastically under-compensate the landowner, likely with the hope that he will be satisfied with the payment that has been already made. Phillips & Angley and its experienced associates hold the governmental entity to its obligation under state statute to compensate the owner for the highest and best use of the land.

To help landowners obtain the full value of their loss in property, we analyze all potential uses of the land by hiring engineers, real estate appraisers, wetland scientists and other experts to determine a just and accurate valuation based on legitimate "highest and best uses" of the property taken. Through negotiations or at trial, we fight for the rights of our clients to receive their due.

If other actions of a public entity — such as extensive property use restrictions under zoning regulations or other regulatory controls — have the effect of devaluing, cutting off access to, or barring any use of a property, landowners have legal recourse even when eminent domain has not been formally invoked. Phillips & Angley, advises you on whether you can sue for a constructive taking or a taking in pais. If necessary, we can initiate appropriate proceedings to compel the governmental entity to assume the affected property and/or pay the full fair market value of damages.

Schedule a Consultation For Your Eminent Domain Needs

Contact a Massachusetts eminent domain attorney today for an initial consultation. Our experience, meticulous research and formidable trial skills make him an effective advocate in eminent domain litigation.

Call today at 617-892-4391. Your phone or e-mail messages left after business hours will be promptly returned.