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PROTECTING MISSOURI PROPERTY OWNERS FOR MORE THAN 35 YEARS

 

 

Fighting Eminent Domain - How to Challenge Eminent Domain



At Denlow & Henry, we are experienced at challenging the government's use of eminent domain (also known as condemnation). Before any government or private entity can exercise the right to condemn, a judge must approve it. Challenging the use of eminent domain can be done in a variety of ways, including:

- The challenge may be that the condemnation is being used for a private purpose, as opposed to a public one as required under the constitution. This is especially true when the ultimate owner of your property in condemnation will be a private developer.

- The challenge may be that the condemning agency failed to make a good faith offer to purchase the property.

- The challenge may be that the condemning agency failed to follow the state or local condemnation procedures.

- Alternatively, we may claim that the condemnation of your property is not necessary for the public project or that the project should be relocated.

- Another defense may be that the condemning agency simply has not been granted the specific power to condemn your property.

- When a private development is proposed and a "blighting" of your area is required, our challenge may be to fight the blighting designation. This is common in situations where tax increment financing (TIF) is used.

- Another defense may be that the condemnation is solely for economic development and, therefore, is illegal.

- The owner's attorney may argue that a utility company is seeking a "blanket" easement which would permit multiple uses in violation of Missouri law.

There are many other ways to challenge eminent domain. Under federal and state law, property owners have been granted certain protections. An experienced lawyer in eminent domain is essential to helping you fight the government's eminent domain action.


Contact Us / Free Initial Consultation


There is no charge for an initial consultation to discuss your situation. Our telephone numbers are 314-725-5151 or 816-472-5252. Ask to speak with an attorney in our office. You can also contact us by e-mail. All communications between you and the members of our firm are confidential.

 

 

 

CONTACT US FOR A FREE INITIAL CONSULTATION

 

Make an appointment today to discuss your matter with the experienced eminent domain counsel of Denlow & Henry.

All communications between our firm and potential clients remain entirely confidential.
 



CALL US OR CONTACT US BY E-MAIL

314-725-5151 / 816-472-5252

 

 

ST. LOUIS OFFICE

7777 Bonhomme, Suite 1910

St. Louis, MO 63105

Phone: 314-725-5151

Fax: 314-725-5161

 

KANSAS CITY OFFICE

4700 Belleview, Suite 215

Kansas City, MO 64112

Phone: 816-472-5252

Fax: 314-725-5161

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Denlow & Henry serves Missouri, Kansas and Illinois, including the following areas: MO: St. Louis City, St. Louis County, St. Charles County, Jefferson County, Lincoln County, Franklin County, Jackson County, Clay County, Platte County, Greene County, Taney County, Boone County, Cape Girardeau County. IL: St. Clair County Monroe County, Madison County. KS: Wyandotte County, Johnson County.