Eminent domain allows the government to take private property for public use with just compensation, which property owners can challenge, often resulting in higher compensation than initially offered. Compensation must reflect the highest and best use of the property, using various appraisal methods such as comparable sales, income, and cost approaches. Property owners facing takings should consult experienced attorneys and appraisers to maximize their compensation potential.

1. EMINENT DOMAIN
WHAT PROPERTY OWNERS SHOULD KNOW
PRESENTED BY DALLAS & TURNER, PLLC
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2. WHAT IS EMINENT DOMAIN?
Eminent domain is the government’s power to
take private property when:
The land is taken for public use.
The government provides just
compensation to the property owner.

3. JUST COMPENSATION
Property owners have the right to challenge the
taking, including the government’s initial offer of
compensation.
Property owners are often entitled to far more
money that what the government
initially offers.

4. HIGHEST AND BEST USE
Property owners must get compensation for the
highest and best use of the property, even if the
property is currently used differently.
A proposed highest and best use must be:
Physically
Possible
Legally
Permissible
Financially
Feasible
Maximally
Productive

5. APPRAISAL METHODOLOGIES
In calculating highest and best use, appraisers
generally use three methodologies:
Comparable sales approach, which factors in recent
sales of a similar properties
Income approach, which focuses on the potential
income-generating value of the property (more
applicable to income-producing properties)
Cost approach, which centers on the cost to rebuild
or replace improvements to the property

6. TOTAL VS. PARTIAL TAKING
When the government takes a part of the property,
owners are entitled to compensation for the impact
of that taking on rest of their property.
Calculating compensation in partial takings requires
establishing the fair market value for:
• The highest and best use of the entire property
• The remaining property
Property owners are entitled to the difference
between those values.

7. WHAT’S COMPENSABLE
AND WHAT’S NOT?

8. WHAT IT TAKES TO SUCCEED
Fighting the government for just compensation can
be a daunting challenge. Property owners can
maximize their chances of success by:
• Enlisting an attorney who has extensive
experience in this niche area of law
• Working with expert appraisers who have
experience handling eminent domain appraisals
• Preparing the case for trial, even if it doesn’t end
up going before a jury

9. © 2023 Dallas & Turner, PLLC. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.
Attorney James Turner at Dallas & Turner,
PLLC, is a dedicated ally for landowners
facing eminent domain. He has been
selected for inclusion in Kentucky Super
Lawyers and Rising Stars for multiple years.
Read more about property owners’ rights in
eminent domain proceedings.
A PROVEN ADVOCATE
FOR PROPERTY
OWNERS
Attorney James
Ryan Turner