Waldo & Lyle Can Help
Defending Your Property Rights at Home
When faced with the possibility of losing a home or a portion of a yard due to eminent domain, many homeowners feel helpless and unsure of their options. But it doesn’t have to be this way. The attorneys at Waldo & Lyle specialize in helping homeowners protect their rights and fight for their property in condemnation cases.
How Eminent Domain Lawyers Can Help
Having the experienced team of attorneys at Waldo & Lyle on your side can make all the difference in these proceedings. We specialize in only representing Virginia property owners in eminent domain cases and therefore understanding and interpreting the laws governing the use of eminent domain. We understand the ins and outs of the process and can provide homeowners with valuable advice and representation.
- When you have us on your side, we will help you through the process, including reviewing the appraisal and the government’s evaluation of the impact on your property. We will be prepared to litigate or negotiate fair compensation for the taking of your property. In some cases, we may even be able to stop or reverse the eminent domain process altogether.
- Our experienced attorneys are a powerful ally in your dispute with the government. Our lawyers provide effective representation in court to help you fight for fair compensation.
- Having us by your side during this process ensures that your rights are respected and that you receive fair compensation for any losses incurred.
Eminent Domain and Homeowners
Eminent domain is the power of the government to take private property for public use. The Fifth Amendment of the U.S. Constitution and Article I, Section 11 of the Virginia Constitution grant this power. Eminent domain is usually used when the government needs to acquire land or other property to build infrastructure projects such as roads, bridges, schools, or utility lines.
To take private property, the government must first demonstrate that it has a “public use” for the property and must pay “just compensation” to the owner. This compensation is typically the fair market value of the property. Homeowners facing condemnation of some or all of their property typically have concerns relating to the impact the taking will have on their continued use and enjoyment of their home.
The Government’s Power of Eminent Domain
When the government exercises its power, it must follow certain procedures established by federal and state law. These procedures generally require the government to provide reasonable notice and fair compensation for taking private property. The law requires the government to carefully follow the procedures for properly exercising its eminent domain power. If the government fails to do so, then homeowners have a right to challenge the taking of their property.
Homeowners are well-served to be aware of their rights and seek legal assistance from an experienced eminent domain lawyer who represents property owners and can help them understand their rights and protect their interests.
Our Success
Homeowners Success Stories
Waldo & Lyle has defended the property rights of homeowners like James Ramsey (see accompanying video) and Evangeline Yoder.
When the Ramsey’s property was taken for a highway off-ramp, VDOT attempted a classic bait-and-switch. After first offering the Ramseys compensation based on a higher appraisal, VDOT forced the case to trial when it tried to punish them for standing up for their rights by obtaining a lower appraisal and attempted to stop the jury from hearing about the higher appraisal. In fighting the fundamental unfairness of this tactic, Waldo & Lyle took the Ramseys case to the Virginia Supreme Court and put an end to this decades-long practice.
Ms. Yoder’s stream-side garden – filled with eye-popping flowers and a graceful swan — was the envy of every gardener in Newport News. That ended when the rain started falling on a new neighborhood built uphill from her little sanctuary. The trickle of water in Tender Branch Creek turned into a torrent.
The deluge swamped her garden, undermined trees, silted her pond, and even carried away the footbridge over the stream. For years, the City of Newport News stonewalled when she complained, insisting an “Act of God caused the damage.” Five years of litigation ended in victory when Waldo & Lyle proved in court that it wasn’t divine providence but municipal engineering carelessness. Yoder never got an apology, but she was awarded $200,000 to fix the drainage and restore peace and tranquility to her garden.