How Eminent Domain Lawyers Help Their Clients

Eminent domain is a fundamental power held by the government and some private corporations to acquire private property for public use.

Under eminent domain law, the government has the authority to take property for a legitimate public use provided just compensation is paid to the owner. This means property can be acquired for such purposes as to expand a highway or airport, build a school, construct a community park, create a new pipeline route, or to provide enhanced utilities, as long as the taking authority compensates you.

Hiring an eminent domain attorney can help you in multiple ways.

Here are three reasons why an eminent domain attorney is beneficial for you:

  1. Helping you understand your rights

It is essential to be informed about your private property rights and the eminent domain process. Government entities must comply with specific procedures under the law. An eminent domain attorney can help you determine whether the government is acquiring your property for a true public purpose, or if the acquisition does not comply with the provisions of the law. These complexities require the legal interpretation and analysis of a knowledgeable and skilled eminent domain attorney.

  1. Securing compensation for your losses

It is important to determine if the offer you have received for your property is just. Government entities are required to fairly compensate the property owner. However, you may deserve more than the amount offered. In eminent domain, your compensation is based upon fair market value, an opinion of value that may vary dramatically depending upon the highest and best use of your property and properties considered to be comparable to yours by the appraiser. Eminent domain is a complex and highly specialized area of law.  Lawyers and professional witnesses who do not regularly represent landowners in condemnation, can overlook important aspects of the case and miss intricate details relating to the value of your property and the amount of compensation you are owed.

  1. Simplifying the legal process

Eminent domain laws and procedures can be complicated and intricate.  The laws and the process can also differ from state to state and under Federal law. It is important to consult with a qualified eminent domain attorney fully understand the condemnation process and your rights as a property owner.


When the government or a private corporation seeks to take your property by eminent domain, a knowledgeable legal advocate on your side can offer valuable insight into the procedures and the law. Let Krause and Kinsman guide you through the eminent domain process and defend your rights. We are prepared to vigorously pursue every angle of your case.  Our eminent domain attorneys will negotiate with condemning authorities on your behalf and, if needed, will take your case to trial to secure the just compensation guaranteed to you by the U.S. Constitution.

We understand that your home or business may be your largest asset. Our condemnation lawyers work with families, businesses, farms, and other landowners to defend their property and their rights under eminent domain law. Contact Krause & Kinsman today at (844) 212-3370 to learn more about your property rights.

Note: The content of this website is for general purposes only. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. Please consult a condemnation lawyer at Krause and Kinsman for advice about your individual situation. Feel free to get in touch with us via phone, email, or live chat.

Hiring an Eminent Domain Attorney Costs How Much?

The prospect of taking on the government, or a private corporation to fight the taking of your property by the power of eminent domain can seem daunting and expensive. Many property owners fear that they can’t afford to hire a skilled condemnation lawyer.

Don’t let the concern for upfront costs and hourly fees stop you from obtaining legal representation.   At Krause and Kinsman, we work on a contingent fee basis, which means you do not pay our attorney’s fees unless we secure for you additional compensation over what the government initially offered you for your property.

What is a Contingency Fee?

A contingency fee is a sum of money that a lawyer receives as a fee at the conclusion of the case and only if the case is handled successfully.  This fee is typically collected as a fixed percentage of the compensation awarded to the client.

If your property is threatened by eminent domain and you are currently seeking a condemnation attorney, you may wish to consider hiring a lawyer that works on a contingent fee basis.  A contingency fee arrangement will not require you to pay a retainer upfront nor monthly legal bills. Legal representation that this billed by the hour can quickly add up for a property owner facing eminent domain.

We Only Earn A Fee When We Secure More Compensation for You

Our contingency fee is collected as one-third (33.33%) of the additional compensation we secure for you above what the government or its agents initially offered you. Our fee is paid at the conclusion of the case  from the additional money awarded to you. This means you could receive a much larger final award than what was originally offered and you are not responsible for paying an attorney’s fee if we are not successful.

An Example of Our Contingency Fee in Eminent Domain

  • $1, 000 – Initial offer to purchase a portion of your property
  • $10,000 – Just compensation Krause and Kinsman secures for your property
  • $3,000 – Krause and Kinsman’s contingency fee
  • $7,000 – Your total compensation = $1,000 (initial offer) + $6,000 (additional compensation).

*Note: The result described above is for informational purposes only. While such potential results may be possible, this example does not serve to guarantee any future results.  Every eminent domain case is distinct and all cases have their own unique facts, circumstances and legal issues that must be considered and evaluated on their own merit. 

Contact Krause and Kinsman Today

Our goal as your chosen eminent domain attorneys is to secure the maximum amount of just compensation for your property allowable under the law and to guide you through the condemnation process. The sooner you have a qualified eminent domain lawyer on your side, the better.

Contact Krause and Kinsman by phone (844) 212-3370 for a FREE evaluation of your case. You can also connect with us by live chat.

Note: The content of this website is for general purposes only. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. Please consult a condemnation lawyer at Krause and Kinsman for advice about your individual situation. Feel free to get in touch with us via phone, email, or live chat.

Answers to 5 Frequently Asked Questions about Eminent Domain

Landowners across the country are adversely affected by eminent domain every year.  There are a few questions that property owners facing the loss of property due to eminent domain generally ask.

5 Frequently Asked Questions about Eminent Domain

Q. What is eminent domain?
A. Eminent domain, also known as “condemnation,” is the power held by the government, governmental agencies and some private corporations, such as utility and energy companies, to take possession of private property for public use. The Fifth Amendment to the United States Constitution includes a provision known as the Takings Clause, which states that “private property [shall not] be taken for public use, without just compensation.” Read more about the eminent domain process here.

Q. Can the government take my private property by eminent domain for any reason?
A. No. Under eminent domain law, the government only has the authority to take property for a legitimate public use. This means property can be taken to expand a highway or airport, build a school, construct a community park, create a new pipeline route, or to provide enhanced utilities, among other purposes.

Q. Can I stop the government from taking my property?
A. In some cases, the condemnation of private property can be stopped if the landowner proves that the proposed taking does not meet the legal requirements for public necessity or that the condemning authority has not met its procedural requirements. A knowledgeable and skilled eminent domain attorney can assist you in challenging the government’s authority to acquire your property.

Q. Should I accept the initial offer given to me, since the government is obligated to pay fair market value for my property?
A. Fair market value may vary dramatically depending upon the highest and best use of your property and other characteristics that may be unique to your property. Keep in mind that the condemning authority’s opinion of just compensation could be at the lower end of market rates.

Q. If I receive a condemnation notice, does that mean that the government has already taken my property?
A. Often the notice alerts landowners that the property will be taken through the power of eminent domain giving the landowner some time, but often not much time, to prepare for the next steps in the process. If you have received a condemnation notice, contact us to learn more about your rights and how we can help you. The sooner you have a qualified eminent domain lawyer on your side, the better.

Contact Krause and Kinsman Today
At Krause and Kinsman, we understand that your home or business may be your largest asset. We represent families, businesses, farms, and other landowners in eminent domain matters. Regardless of whether your property is residential, commercial, agricultural or other special-use property, we approach the case the same way: analyze the situation, create a plan and fully execute.  Our attorneys stand ready to vigorously pursue every aspect of your case and guide you through the entire process.

Call (844) 212-3370 for a FREE evaluation of your case or  connect with us via live chat.

Note: The content of this website is for general purposes only. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. Please consult a condemnation lawyer at Krause and Kinsman for advice about your individual situation. Feel free to get in touch with us via phone, email, or live chat.