One question we have heard is, how soon should I hire an attorney? The answer is immediately.

First, the time period from the announcement to the date of the start of taking or acquisition will be lengthy (in months or years), and announced schedules will be delayed or project redesign. Second, the attorney assembles your claim, analyzes the government’s proposed taking, proposed construction plans, and drafts a binding settlement agreement that protects you in the future. But before that, the attorney is necessary to help the landowner take action to protect property value, or to avoid missteps that could limit or negate any future recovery.

It is during this initial period that the landowner or business owner, with their attorney, should personally visit and walk the site, review any leases, examine any easements, signage, or parking rights, or address any unwritten shared uses of the land. Vehicular access use and rights to the site should be examined to ensure that all necessary requirements for the highest and best use are present and documented.

Additionally, the remaining term of a lease could limit the amount of business damages a business owner can claim, such that extensions should be examined or exercised. Also, the terms of the lease, or lack thereof, can limit recovery. The lack of a condemnation clause in a lease can lead to a claim for a portion of the landlord’s compensation. The lease should be reviewed with the attorney. Lease amendments should be negotiated when necessary without delay, before the initial offer is received from the government.