Blog

Fee Considerations In Right-to-Take Cases

In theory, most property owners affected by a condemnation project would probably rather see the project go somewhere else or, at the least, avoid having to take their property. By the time they hire an attorney, property owners are generally resigned to the inevitability of the project, and their focus has shifted to...

Read more

Does the Public Use Requirement Protect
Private Property Rights?

The government’s power of eminent domain is constrained by two requirements: that the taking serve a public use and that just compensation be paid. The public use and just compensation requirements are the basic protections afforded to private property owners and are, consequently, the lawyer’s basic tools in the representation of private property...

Read more

Underfunded Right of Way Budgets

When the compensation paid for the taking of private property does not include all compensable impacts of the taking, the just compensation obligation fails in its function as a check on government’s taking of private property. The underlying principle of the takings clause is that public burdens should be borne by the public...

Read more

Charles McFarland Elected a Fellow of
the International Society of Barristers

Charles McFarland has been elected a Fellow of the International Society of Barristers. The International Society of Barristers, established in 1965 and with a membership of approximately 700 trial lawyers nationally and internationally, is dedicated to excellence in advocacy, the preservation of the adversary system, and defending the right to trial...

Read more