Condemnation & Real Estate Disputes
Protecting the Rights of Landowners Facing Property Seizure
“The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor.” - Arkansas Constitution, Art. 2, § 22
As enshrined in our state’s constitution as well as the U.S. Constitution, private property rights in Arkansas are protected and valued as one of the most fundamental of all rights. That said, federal, state and local governments retain the ability to take private property for public use. As disruptive and disconcerting as such a taking can be for private landowners, there is often very little that can be done to stop a government entity from seizing property when exercising its powers of eminent domain. But property owners facing condemnation proceedings do have rights, including the right to just compensation for their property.
For Arkansas landowners, ensuring that the government is neither overstepping its bounds nor underpaying for the property it takes requires deep knowledge of this nuanced and complex area of the law. At Wales Comstock, we have extensive experience representing property owners throughout the state in eminent domain, inverse condemnation, regulatory takings claims, property rights disputes and other complex real estate valuation matters.
How Wales Comstock Can Help
Arriving at the proper fair market value to be paid for the property can be complicated, with the governing body and the property owner each believing the property to be worth wildly different amounts. Such disputes involve competing appraisals and other evidence which needs to be presented by a skilled attorney with a full understanding of the law and the technical issues involved in valuing real property.
Wales Comstock provides Arkansas landowners with the forceful advocacy and extensive experience necessary to protect their rights and get them the highest possible amount of compensation for their taken land. We represent private owners of all kinds of properties, including homes, farms, commercial buildings, factories, shopping centers, parking lots, undeveloped land and industrial real estate.
If your property has been identified as the subject of a government taking, please contact Wales Comstock at (479) 439-8088. We can evaluate your situation, advise you of your rights and help ensure that you receive the just compensation for your property required by law.
Real Estate Disputes and Litigation
When disputes and problems arise regarding real property, the trial attorneys at Wales Comstock bring over 45 years of litigation experience and a fierce commitment to the protection and advancement of our clients’ interests. We combine skilled advocacy with creative and practical problem solving to resolve conflicts positively and expeditiously. With a tireless work ethic and comprehensive understanding of the legal, financial and practical aspects involved in solving high-stakes real property disputes, we are the allies you want in your corner when trying to get a transaction back on track or concluding a dispute in as advantageous a way as possible.
We provide effective representation in real estate disputes, including:
- Condemnation/eminent domain litigation
- Purchase/sale contracts and options
- Boundary disputes
- Adverse possession claims
Schedule a Consultation with Wales Comstock to Resolve Your Real Estate Transaction or Dispute
If you are looking for guidance and legal assistance with a real estate transaction or dispute, Wales Comstock stands ready to provide you with personalized counsel and experienced insights. We see the big picture while focusing on every small detail to ensure that your transaction has the best chance of being consummated and are steadfast guardians of your interests when disputes arise. Please give us a call at (479) 439-8088 or contact us online to schedule a consultation.