As a property owner, a compulsory purchase order under eminent domain laws could destroy your dreams for the future and your memories of the past. Whether your property is your home, farm, or business, losing it will be devastating. Rather than assuming that a...
Year: 2021
Defects that allow water ingress could lead to structural damage
Constructing anything that prohibits the ingress of water is nothing short of an engineering miracle. At least, that is how it seems to those of us unfamiliar with the construction industry. The nature of water allows it to travel unimpeded until something stops it or...
Will eminent domain play a role in Ford’s new development?
Ford Motor Company wants to invest $5.6 billion into a West Tennessee factory that will build electric vehicles and the batteries that run them. Now Tennessee lawmakers have approved a $884 million package deal that should clear the way. But controversy abounds, and...
When did eminent domain begin?
If you’re facing the loss of your property through eminent domain, you may feel that it is very unfair. Hasn’t the United States always been a country that valued personal property? Isn’t that one of the founding principles? Does that mean that eminent domain is just...
Can aesthetic details be a construction defect?
When you think of construction defects, you typically think of fundamental mistakes that mean the building doesn’t work in some fashion. Maybe the contractor forgot to run the lines to the kitchen lights and none of them work, for instance. Maybe there are cracks in a...
Is mold in your brand new home actually a construction defect?
Building a brand new home seems like the most reasonable way to ensure that the space where you live is clean and safe. After all, when you buy an older home, there's no way of knowing how the previous owners cleaned or maintained the property. There could be dirty...
You are entitled to eminent domain damages
It is common knowledge that the government can acquire your private property for its use. However, the Fifth Amendment says that the government must provide just compensation for the property acquired, but that may not be enough. Ideally, you want your financial...
Drafting enforceable construction industry non-compete agreements
The construction industry can be highly competitive. That’s why many general contractors require their subcontractors to sign non-compete agreements as well as non-solicitation agreements. These agreements have to be deemed reasonable to be enforceable in court. Here...
What you should know about eminent domain for “public use”
Most Americans assume that once they buy property, it's theirs forever as long as they continue to pay property taxes on it. That's not necessarily the case. The Fifth Amendment of the U.S. Constitution contains a "Takings Clause" that allows the government to seize...
Common misconceptions about eminent domain
Being a property owner in Tennessee can be a source of pride and prestige. When faced with losing a property to eminent domain, it can feel like one is under attack. Some properties contain homes, businesses or contain generations of memories. When losing a property,...