Eminent Domain FAQ

View Eminent Domain/Condemnation FAQ
Eminent Domain FAQs about Eminent Domain Condemnation Law.

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A condemnee who is successful in obtaining a condemnation award substantially above the amount original­ly offered can now generally recover all or most of its legal and expert witness costs.


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The New York law governing eminent domain and condemnation is distinctive, in that it provides for recovery of attorney’s and expert fees under certain circumstances.


The condemnation clause is one of the most overlooked clauses in the lease agreement. Many lessors and lessees give it little attention, reasoning that it is unlikely that a condemnation will occur or, even if it does, that it will be many years away and will have little significance. It is, however, of great importance.


Most takings are partial takings. The most common taking involves a road widening resulting in a loss of frontage area which, in turn, results in the loss of display or front parking area. This damage is compensable.


*The reader should note that since the original issuance of these articles, there have been additional cases decided by the courts on these subjects.

Other Articles on Eminent Domain/Condemnation:

  • Environmental Contamination - Effect on Valuation
  • Title Issues in Eminent Domain
  • How the Exercise of Eminent Domain Effects the Mortgage Interest Rate
  • Hidden Damages - the Partial Taking
  • The Expert Witness
  • Relocation Assistance
  • Damages for Loss of Frontage

Articles on Real Property Tax Appeals (Tax Certiorari):

  • Tax Appeals: Valuation and Procedure
  • Tax Appeals: Negotiation
  • Real Property Tax Valuation of Contaminated Property
Articles on these subjects, as well as others, will be periodically added to this site. However, if you are interested in these subjects, please contact Saul Fenchel, Eminent Domain Lawyer.