Hiring an Eminent Domain Attorney? Consider This

by: Anthony F. Della Pelle
9 Jun 2010

Two recent posts on other eminent domain blogs discuss factors which property owners (and condemning authorities) may want to consider in selecting an attorney to represent them in eminent domain matters.

The first post, contained in the Eminent Domain Law Blog published by Biersdorf & Associates, contains some useful information for prospective clients looking to hire an attorney with experience in eminent domain matters.  In sum, this post highlights the need for counsel (a) who possesses particular, specialized experience in eminent domain cases, as opposed to a general practicioner or attorney with general experience in real estate or ligitation matters; and (b) who is fully committed to advancing the client’s best interests, but will do so with realistic expectations communicated to the client, based upon the circumstances involved and the applicable law.

The next post, published by Rick Rayl’s California Eminent Domain Report, comments on the earlier blog post by pointing out that an attorney’s local experience within the state or area involved can be an important factor, in addition to the potential relevance of whether the attorney’s experience includes representation of both property owners and condemning agencies.

As for eminent domain matters in New Jersey, we agree with Rick Rayl, who states:

“Your eminent domain attorney must be knowledgeable about the laws of your state.  California, in particular, has a complex set of eminent domain rules and procedures, and you should not hire an attorney unfamiliar with California’s unique eminent domain laws.   One simple test for this is ensuring that the lawyer you hire is properly licensed in your state. ”

This principle applies in New Jersey too.  Our laws involve a special set of New Jersey statutes which govern all eminent domain actions in New Jersey, known as the New Jersey Eminent Domain Act; a special set of court rules which apply to eminent domain cases filed in the New Jersey State Courts; and many published court opinions which create legal precedent which may be unique to New Jersey and different from the laws in other states.  Since 1967, McKirdy and Riskin, P.A. has been successfully involved in precedent-setting cases in behalf of property owners in some of the most complex real estate takings and valuation litigation matters, involving all types of properties throughout the State of New Jersey.  Attorneys in the firm also have experience in representing condemning agencies, lecture regularly in New Jersey and nationally, and are the authors of treatises on New Jersey Condemnation Practice published by the New Jersey Institute for Continuing Legal Education and in West Publishing’s New Jersey Practice series.   Some “Important Facts” to consider about eminent domain law in New Jersey are available on our website.

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