The process of federal eminent domain is based upon different procedure, and often different legal precedent, than the states. Frequently, the federal government, and its associated regulatory agencies, have broader constitutional power to condemn and acquire the property interests of private citizens. The federal government, unlike many state jurisdictions, may have the ability to walk away from an eminent domain case after filing 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 U.S. Government estimated compensation for the property to be $1.3 Million. The federal appraiser considered the property as a simple, vacant parcel suitable for redevelopment. Ackerman & Ackerman settled the case out of court after extensive legal discovery. We were able prove distinct and elevated value of the facility because of its unique attributes as a marina. The negotiated settlement for the property was $4.275 Million.
Gas Storage Condemnation: Ackerman & Ackerman reached a confidential settlement on behalf of a group of landowners facing condemnation in the eastern division of the Northern District of Ohio.
The settlement came after Columbia Gas Transmission attempted to acquire 356 acres surrounding a reservoir of the Weaver Storage Field in Richfield County, Ohio. Columbia initially offered $50,000 for the land.
Our firm was able to identify the true value of the land and obtain fair compensation because of our significant experience with gas storage.
Acquisition of Downtown Parcel in Cleveland, Ohio: The Ohio Department of Transportation wanted to acquire a prime portion of land at a privately-owned rail yard to build a highway exchange for Interstate 90.
The initial offer of $3,000,000.00 was found to be unsatisfactory by the property owner, which hired Ackerman & Ackerman to intervene. The case was initially filed in state court, but moved to federal court because of the Interstate Commerce Clause of the U.S. Constitution. We negotiated a settlement of $29,800,018.00.