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Eminent Domain

Tucson Eminent Domain Attorneys

Defending your constitutional rights to due process and fair compensation

Eminent domain, or condemnation, is the power of the state to appropriate private property for a public purpose without the owner’s consent, but with just compensation. An eminent domain action against your real property can cause a substantial disruption in your business and/or your private life, and there’s no guarantee your rights will be respected. As a leading Tucson eminent domain law firm for more than 40 years, Stubbs & Schubart, P.C. fights condemnations to preserve your property or secure full compensation. Our firm has successfully represented landowners in eminent domain proceedings ranging from airport expansions to zoological preservations. We handle:

  • Eminent domain
  • Condemnation
  • Easements
  • Section 1983 actions
  • Regulatory takings

What to do when your property is condemned

The first thing to understand about eminent domain is that from the moment you receive notice of the intended action, you are in an adversarial relationship with the government. Your better impulses — to be helpful and accommodating to state officials — can be your undoing. Any information you volunteer, such as what you think your property might be worth, will be used to advance the government’s case against your property. So, rather than cooperating with the state and hoping for the best, contact the skilled eminent domain attorneys at Stubbs & Schubart, P.C. We will manage your case professionally, ensuring that your rights — especially your right to just compensation — will be respected.

Property easement law in Tucson

Often, the government will want to use a portion of your land on a temporary or permanent basis. A utility might want to run power lines across your property and thereafter maintain them. The government may want to establish access to public lands via your parcel. In such cases, the government is not seizing your land outright. However, by demanding a right of way or setting up structures, they are significantly impacting the value of your land, and for this you must be compensated. Our Tucson eminent domain attorneys can help with fair valuations for your affected property.

Who decides fair — the government or the free market?

The Constitution says you must receive just compensation, but that does not mean you and the government will arrive at the same dollar amount. Stubbs & Schubart, P.C. understands land valuation. We will survey your property and inspect every minute detail to compile support for a land valuation that delivers full and fair compensation.

Opposing condemnation in Tucson eminent domain actions

If you wish to oppose condemnation and retain your property, one basis on which to challenge the state is to question whether it has a legitimate public purpose for seizing your property. Though the definition of a public purpose has been expanded in recent years, this is still a viable option in many cases. Stubbs & Schubart, P.C. also fights condemnation on due process grounds, in civil rights actions under Section 1983.

Regulatory takings: seizure in all but name

There are cases where the state can deprive you of the value of your land without ever condemning it. When government passes regulations, such as environmental restrictions, a flourishing business can be brought to a standstill. Naturally, it does no good to own commercial property when it cannot be used for a commercially viable purpose. Similarly, government activity on an adjacent parcel can impact your land so profoundly that you can no longer enjoy your property. Our Tucson eminent domain attorneys utilize inverse condemnation procedures against the government to ensure that you’re compensated for any loss in the value of your holdings.

Contact a leading Arizona eminent domain law firm

Get the legal knowledge and support you need to defend your property rights in eminent domain and easement litigation in Tucson. To schedule an appointment with an eminent domain attorney in Tucson, call Stubbs & Schubart, P.C. at 520-623-5466 or contact us online.