Eminent Domain

Dworken & Bernstein represents individuals and businesses whose properties are being appropriated by governmental agencies for public purposes under the Eminent Domain laws of Ohio. The determination of the fair market value of the property which is being appropriated is a matter that Dworken & Bernstein develops through the use of expert appraisers in order to obtain for the individual or business the highest award for the taking of their property. In an Eminent Domain proceeding the individual or business whose property is being taken is entitled to a jury trial to determine fair market value if the parties cannot reach an agreeable settlement. Dworken & Bernstein has successfully tried over 30 Eminent Domain cases to juries and has obtained awards for in excess of what the governmental agency had offered prior to trial. Eminent domain proceedings also are based on a "governmental public necessity" for the taking of one's property. If such a "public necessity" cannot be established, the individual whose property is being appropriated can defend the taking of the property through a proceeding known as a "necessity hearing." Dworken & Bernstein has also participated in numerous necessity hearings to determine whether or not the governmental authority has the actual right to take an individual's property. Eminent domain laws are quickly changing both in Ohio and throughout the United States and the attorneys who handle Eminent Domain cases at Dworken & Bernstein are constantly attending various lectures and seminars in regard to the changes in the eminent domain laws of Ohio and the United States in order to provide each client with the best possible legal representation.

Attorneys:

Jodi Littman Tomaszewski
David J. Richards Jr.
Melvin E. Resnick