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Special-Use Property or Specially-Zoned Property Eminent Domain

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Special-Use Property or Specially-Zoned Property Eminent Domain
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1B+

recovered for clients

300+

years of combined experience

500+

cases won

Why Choose CohenMalad, LLP for Eminent Domain Cases?

The condemning authority taking your property has attorneys. Shouldn’t you? Further, what the acquiring agency considers “fair,” and what the land owner considers “fair,” aren’t typically the same.

At CohenMalad, LLP, we understand that your property is more than just land — it may be a significant investment, a family legacy, or a cornerstone of your business. When the government or another entity uses eminent domain to seize your property, it’s imperative to have skilled attorneys on your side to assert your rights.

As your attorney, we will work with and hire real estate appraisers and other experts to maximize your recovery and, if necessary, prepare for trial.

And, although compensation is usually the most important factor for a landowner, there may be other concerns that an attorney can assist with including access issues, signage, relocation, and zoning.

Indiana Special Use Property Condemnation Attorneys

A special use property refers to a property that is only appropriate for one use or for a very limited use. Special use properties are generally those properties that are rare and pose problems locating comparable sales for appraisal valuation purposes. Special use properties generally fall within some type of special zoning classification or have a variance or special exception from the local zoning ordinances. These types of properties can create particularly difficult and complex appraisal problems, for which many real estate appraisers may not be competent.

Because comparable sales are difficult or sometimes impossible to locate, the sales comparison approach for property valuation is not applicable for special use properties. Although most real estate appraisers are generally aware of this, the government or condemning agency’s appraiser will almost always find a way to justify using the sales comparison approach to support his or her opinion of value. That valuation will undoubtedly overlook unique features of your property and be seriously insufficient. The government’s appraisers usually miss the boat entirely with special-use property appraisals. Due to the uniqueness of the property and the appraisal problem, it is imperative that you consult with an attorney if you own a special use property or specially-zoned property that is being taken or affected by an eminent domain action.

There are many types of special use properties. They may include, but are not limited to:

  • coal mines, whether active or permitted/proposed, and royalty agreements
  • oil and gas leases and royalty agreements
  • churches or worship centers
  • libraries
  • cemeteries
  • billboards
  • fisheries/hatcheries
  • landfills or recycling centers
  • quarries – limestone, sandstone, gravel
  • golf courses
  • mobile home parks
  • casinos
  • marinas
  • wineries/vineyards
  • theatres
  • stadiums

If you own a special use property or a specially-zoned property and are subject to eminent domain action or if the government has begun the condemnation process on your property, contact us. Our eminent domain attorneys can give you a free case evaluation and advise you of your legal rights and options.

Take Action to Protect Your Property Rights

Don’t let the condemning authority undervalue your property or miss important considerations that may damage its future integrity. Contact CohenMalad, LLP today for a free consultation with a knowledgeable eminent domain lawyer.

Meet Our Team

The dedicated attorneys at CohenMalad, LLP have extensive experience managing eminent domain cases. Our team is passionate about protecting property owners from government overreach and ensuring that they receive fair treatment. We’re here to guide you through this challenging process and achieve the best possible outcome.

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Protect Your Property and Your Rights

CohenMalad, LLP can ensure that you receive fair compensation for your land. Contact us today to get reliable legal assistance for your case.

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