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    Centerville Turnpike Widening Project in Chesapeake, Virginia

    Public Informational Meeting: December 14, 2017

    We are excited to announce that the Krause & Kinsman Law Firm is hosting a landowner informational meeting regarding the Centerville Turnpike Widening from Indian River Road to Kempsville Road on December 14 from 6:30 p.m. to 7:30 p.m. at the Hampton Inn & Suites Chesapeake-Battlefield Blvd. located at 1421 N. Battlefield Blvd Chesapeake, VA 23320.

    The City of Virginia Beach proposes to construct a four-lane divided highway within a 130-foot right-of-way from Indian River Road to Kempsville Road, a distance of 1.85 miles. This project will provide improvements at the Kempsville Road and Indian River Road intersections, including triple left turn lanes onto Indian River Road from Centerville Turnpike.

    The project will also include sidewalk improvements, dedicated on-road bike lanes, landscaping, and the relocation of existing aerial utilities. To complete the planned improvements, it is anticipated that privately owned property will need to be acquired for this project.

    Krause & Kinsman attorney David Needham will present at our upcoming educational seminar. David will discuss the condemnation process in Virginia and explain how the City of Virginia Beach may use eminent domain to acquire private property.

    Some questions that may be discussed include:

    Concerned landowners will learn how an eminent domain lawyer on their side can help protect their private property rights. To RSVP, please contact Karmyn Janes at karmyn@krauseandkinsman.com.

    McGinnis Ferry Road Reconstruction in Suwanee, Georgia

    Public Informational Meeting: December 7, 2017

    If your property is potentially affected by the McGinnis Ferry Road Reconstruction from Sargent Road to McFarland Road in Suwanee, GA, attend a public workshop hosted by the Krause & Kinsman Law Firm on Thursday, December 7 from 6:30 p.m. to 7:30 p.m. at the Holiday Inn Express & Suites Atlanta – Johns Creek.

    The Georgia Department of Transportation (GDOT) proposes to widen McGinnis Ferry Road from Sargent Road in Johns Creek to Union Hill Road/Ronald Reagan Boulevard in Forsyth County, which is a distance of approximately 4.58 miles.

    The proposed design includes two lanes in each direction with a 20-foot wide raised median, a 16-foot wide urban shoulder along the north side of McGinnis Ferry Road with a 10-foot wide multi-use path and a 12-foot wide urban shoulder along the south side of the road, with a 5-foot wide sidewalk.

    Regrettably, it is expected that private property will need to be condemned in order to achieve the McGinnis Ferry Road Reconstruction.

    Meet Krause & Kinsman attorney David Needham at our public information session tonight regarding the McGinnis Ferry Road Reconstruction. David will discuss the importance of landowner rights and will provide a status update on the project.  Property owners can see what is forthcoming and will have the opportunity to learn how their property may be impacted by the road reconstruction.

    Some topics that may be covered include:

    If you are concerned about the McGinnis Ferry Road Reconstruction, please join us at our public informational meeting at the Holiday Inn Express & Suites Atlanta – Johns Creek on December 7 from 6:30 p.m. to 7:30 p.m. to learn about your rights as a property owner.

    To RSVP, please contact Karmyn Janes at karmyn@krauseandkinsman.com.

     

    Diamond Springs Parkway Project in Placerville, California

    Public Informational Meeting: December 6, 2017

    Krause & Kinsman invites residential and business property owners to join a non-cost public meeting concerning the Diamond Springs Parkway Project on December 6 from 6:30 p.m. to 7:30 p.m. at the Best Western Plus Placerville Inn.

    The Diamond Springs Parkway is a future four-lane, divided roadway connecting Missouri Flat Road to State Route 49 (SR-49). The purpose of this project is to improve traffic safety and operations on portions of State Route 49 near Diamond Springs. It is likely that private property will be condemned to achieve this roadway project.

    Impacted residential and commercial property owners in the path of El Dorado County’s Diamond Springs Parkway Project can attend our seminar to learn more about private property rights. Krause & Kinsman attorney Adam Krause will speak at this forum and discuss the land condemnation process and how our law firm can help maximize your compensation in an eminent domain case.

    Some topics that may be addressed include:

    Our law firm exclusively represents property owners and we encourage those who may be impacted by this project to attend our seminar on December 6 from 6:30 p.m. to 7:30 p.m. at the Best Western Plus Placerville Inn located at 6850 Green Leaf Drive Placerville, California 95667.

    To RSVP, please contact Megan O’Neill at (844) 211-8248 or megan@krauseandkins

    Easements Explained

    For some public projects, a condemning authority may not need to acquire your property entirely, but only certain rights to use it or a portion of it. An easement is a limited right to use the land of another for a specific purpose, for example, a transmission line easement across agricultural property or an underground utility easement through a residential neighborhood. If a landowner does not want to sell or grant the rights to use his property for this purpose, the authority can acquire the necessary easement by condemning it under the law of eminent domain.

    Easements can impact landowners through restrictions imposed on the parcel of land. Most easements prevent landowners from placing structures on the designated land, such as fences, buildings, walls, sheds, and more. This can potentially impact development and expansion plans for property owners. Landowners are also required to pay taxes on the land used and are obligated to maintain the property.

    Types of Easements

    Permanent Easements

    A “permanent easement” occurs when the condemning authority, purchases the rights to use a portion of your land for their own purposes. You still own the property; however, the landowner must abide by the limitations of use.

    Temporary Easements

    A “temporary easement” occurs when part or all of the property is appropriated for a limited period of time. The property owner retains title, is compensated for any losses associated with the taking, and regains complete possession of the property at the conclusion of the taking.

    Categories of Easement Takings

    Utility Easements

    Utility easements are exercised by utility companies designated for the installment of transmission lines and underground electric, water, sewer, as well as cable and phone lines. A utility easement is attached to the property deed, even if ownership is transferred. An example of a utility easement is an easement that gives an electric power company authority to run transmission lines along a strip of property.

    Drainage Easements

    Drainage easements control water runoff and typically involve the constructing of a retention pond. Ditches are usually dug, and water pipes are installed. Many property owners have experienced drainage issues. Sometimes when the government acquires land for a public infrastructure project, drainage is impacted. However, property owners are entitled to compensation for the damages caused to the remaining property.

    Construction Easements

    Construction easements are temporary and commonly used for road widenings/reconstruction and intersection expansion/improvements. Construction easement can be used to store large equipment and other materials necessary for the project.  Once the project is completed, the owner regains use of the land.

    Contact Krause and Kinsman Today

    It is important to consider how easements affect the value and use of your remaining property. Government entities are required to fairly compensate a property owner for the acquisition of an easement. However, you may deserve more than the amount offered.

    The Krause and Kinsman Law Firm represents clients across the country defend their property rights and obtain just compensation in eminent domain matters.

    Contact Krause & Kinsman today at (844) 212-3370 to schedule a FREE consultation.

    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.

    Highway 270 Road Widening Project in Hot Springs, AR

    Public Informational Meeting: November 7, 2017

    Garland County property owners who may be impacted by the Highway 270 Road Widening Project can learn about the Arkansas eminent domain process at a public informational seminar on Tuesday, November 7, 2017 at the Candlewood Suites. Homeowners, business owners, and members of the community are invited to attend this non-cost educational workshop.

    The Arkansas State Highway and Transportation Department (AHTD) plans to widen approximately 3 miles of U.S. Highway 270 to four lanes, from Highway 227 to the Ouachita River in Garland County.  In the first phase of this project, AHTD proposes to widen approximately 1.5 miles of Highway 270 to five lanes with bike lanes, extending from Fleetwood Drive to Highway 227.

    To complete the proposed project, it is expected that private property will need to be acquired using the power of eminent domain. At this public meeting, Krause and Kinsman attorney Adam Krause will discuss the state of the Hwy 270 widening project, private property rights and the complex eminent domain process.  He will also explain how working with legal counsel can help you protect your rights.

    Some topics that will be covered in the workshop include:

    If you are concerned about the Highway 270 Road Widening Project or believe your property may be impacted by, please join us at our public informational meeting at the Candlewood Suites on Tuesday, November 7 from 5:30 p.m. to 6:30 p.m. to learn about your rights as a property owner.

    To RSVP or request more information, please contact our team at (844) 212-3371.

    What is Eminent Domain?

    Informational meeting slated for landowners affected by Mount Vernon Street project.

    By: Amelia Wigton

    It’s no secret that state Route 14 through Nixa, also known as Mount Vernon Street, needs to be widened — something the Missouri Department of Transportation has on tap. However, what might not be well known is that the multi-million dollar project will impact roughly 75 private and commercial landowners.

    According to MoDOT, the project will widen Mount Vernon Street to five lanes between Westminister and Estes streets in the west corridor and between Fort Street and Tiffany Boulevard in the east corridor. Sidewalks will be built along the west corridor, and new storm drains, curbs and gutters installed throughout, along with turn lanes at various intersections. The combined west and east corridor project totals nearly $18 million.

    The project is imminent, but so is eminent domain.

    “Whenever government or a community wants to take land for public purposes, they can use the power of eminent domain. It’s in the constitution, as long as it’s for public use and they go through the right channels,” said Adam Krause, an attorney with Krause & Kinsman, which specializes in eminent domain. “They are required to pay what’s called ‘just compensation.’ The problem is the condemning authority oftentimes does not pay the just compensation — more often than not.”

    Krause, who is based out of Kansas City, is partnering with Nixa attorney Ashleigh MacPherson, with MacPherson Law, LLC in Nixa, to make sure those 75 landowners affected by the widening project are getting their just compensation.

    “As I understand it, there is very little — nothing, really — that the property owners can do to stop the state from making the improvements to the road. Once they elect to make these changes, the momentum and benefit to the community are too great to stop it,” said MacPherson, who also has a background in land use planning. “The only remaining issue is whether the property owners are given fair compensation for their land that is taken.  Of course, this can open up a can of worms — especially with commercial properties. There is obviously an argument to be made that we ought to be in favor of the government paying very little for these properties since they are buying it with our tax dollars. But the argument on the flip side is that it would be unfair for a select number of landowners to bear the burden of the cost of the road improvement for all of us.”

    Krause and MacPherson are hosting a public information meeting from 5:30-6:30 p.m. Oct. 5 at the Super 8, 418 N. Massey Blvd. in Nixa. The purpose, Krause said, is to explain the eminent domain process and address any questions and concerns property owners may have.

    “The condemning authority’s goal is to get the land for the cheapest possible — that’s their job. They will send out an offer for a piece of land. But the disparity for what the piece of land is worth and what is offered can be huge,” Krause said. “This is just the preliminary but it is imminent, it is going to happen … Within all likelihood, landowners will start getting offers within a month. We have a very short time to challenge that offer.”

    Visit, http://m.ccheadliner.com/news/what-is-eminent-domain/article_2f1c1360-a869-11e7-b3ea-5baad7f2d856.html?mode=jqm

     

    Mount Vernon Street (Route 14) Road Widening Project in Nixa, MO

    Public Informational Meeting: October 5, 2017

    Christian County property owners who may be impacted by the Mount Vernon Street (Route 14) Roadway Widening Project can learn about the eminent domain process at a public informational meeting on Thursday, October 5, 2017, at the Super 8 Hotel Nixa. Landowners and members of the community are invited to attend this free educational workshop.

    The Missouri Department of Transportation (MoDOT) proposes to widen Mount Vernon Street (Route 14) to five lanes. The West Corridor will be widened between Westminster and Estes Street, and the East Corridor will be widened between Fort Street and Tiffany Boulevard. The West Corridor is scheduled to begin Right of Way acquisition this summer, and the East Corridor is scheduled to begin Right of Way acquisition the summer of 2018.

    To complete the proposed project, it is expected that private property will need to be acquired by MoDOT using its power of eminent domain. It is expected that property and business owners in the project path will soon start to receive offers from MoDOT for their property.

    At this public meeting, Krause and Kinsman attorney Adam Krause will discuss the condemnation process and how landowners can protect their property rights.

    Some topics that will be covered in the workshop include:

    • Can I prevent the taking of my property?
    • Do I have to accept MoDOT’s offer for my land?
    • Should I assume the offer for my property is fair?
    • How will the value of my property be calculated?
    • Should I obtain my own appraisal?
    • How will the taking impact my business?
    • Will condemnation affect my mortgage or property taxes?

    If you are concerned about the Mount Vernon Street (Route 14) Roadway Widening Project or believe your property may be impacted by the planned roadway improvements, please join us at our public informational seminar at the Super 8 Hotel Nixa on Thursday, October 5 from 5:30 p.m. to 6:30 p.m. to receive an update on the status of the project and learn about your rights as a property owner.

    Please call 844.212.3370 to RSVP.

    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.