The eminent domain process, procedures, and precedent vary significantly between federal and state courts. Frequently, the federal government and its associated regulatory agencies have broader constitutional power to acquire the property interests of private citizens. For example, unlike many state jurisdictions, the federal government also has the ability to abandon an eminent domain case even after it has filed a suit to condemn a property. The multi-layered nuances of federal eminent domain law warrant sophisticated and skilled counsel with knowledge and experience of the federal process.
Gravel Company Acquisition: The EPA filed a lawsuit to take a “rock dock” in Bay City, Michigan, for a federal marine project. The federal government appraised the property as a vacant parcel suitable for redevelopment and estimated that it was worth $1,300,000. After extensive discovery, Ackerman & Ackerman settled the case out of court. During the discovery period, Ackerman & Ackerman demonstrated the increased value of the facility resulting from its unique attributes as a marina. The negotiated settlement for the property was $4,275,000.
Gas Storage Condemnation: In another case, Ackerman & Ackerman represented a group of landowners in the Eastern Division of the Northern District of Ohio. As background, Columbia Gas Transmission sought to acquire 356 acres surrounding the reservoir of the Weaver Storage Field in Richfield County, Ohio. Columbia Gas Transmission initially offered $50,000 for the land.
Using its significant experience with gas storage cases, our firm demonstrated the true value of the land and secured a favorable confidential settlement on behalf of our clients.
Acquisition of Downtown Parcel in Cleveland, Ohio: The Ohio Department of Transportation sought to acquire prime real estate in a privately-owned rail yard to build a highway exchange for Interstate 90.
The property owner found the initial $3,000,000 unsatisfactory and hired Ackerman & Ackerman to fight on its behalf. Although the Ohio Department of Transportation initially filed the case in state court, we successfully removed it to federal court. While the case was in federal court, we negotiated a settlement for $29,800,018, a nearly ten-fold increase.