Eminent Domain (or “condemnation”) refers to the inherent power of government to take private property.  Fortunately, our Constitution imposes two limitations on that power. Private property cannot be taken unless the taking is for a public use and the government pays just compensation. As a result, every eminent domain case poses two questions: Does the government have the power to take my property? If so, what should I receive in compensation?

An owner or tenant whose property rights are threatened to be taken by eminent domain should consult early on with an attorney who is experienced in the field, knowledgeable about the limits of the government’s power and what can be done to challenge it.  Attorneys at Figliulo & Silverman have extensive familiarity with the Constitutional guarantees and other legal limitations that protect the property rights of owners and tenants from eminent domain abuse.

If the government is properly exercising its power, the remaining issue is compensation. Ascertaining “just compensation” requires a clear understanding of the complicated rules of property rights valuation including the valuation of leases. Figliulo & Silverman attorneys have devoted thousands of hours litigating numerous issues in the valuation process including such things as probable zoning changes, easements, access and internal circulation, parking, mineral and air rights, environmental contamination, wetlands, floodplain and floodway, drainage, visibility, proximity, historic designation, signage and billboards In addition to addressing these and other valuation issues, Figliulo & Silverman also pursue relocation benefits for their clients.

If the government refuses to offer compensation acceptable to their clients, Figliulo & Silverman attorneys are experienced trial lawyers who will not hesitate to present their client’s case to a jury. Figliulo & Silverman have held numerous jury trials in eminent domain cases and have an outstanding record.  In fact Figliulo & Silverman, P.C. obtained one of the highest jury verdicts ever in an eminent domain case. A municipality threatened to take by eminent domain a client’s golf course for a park claiming the property was worth $4 to $6 million. Figliulo & Silverman took the case to a jury arguing that the property value was closer to $25 million. After only 20 minutes of deliberation the jury awarded $25 million. Not only was the verdict among the highest in Illinois, it achieved national recognition when the National Law Journal reported it to be one of the 100 highest verdicts in the nation for all types of cases that year.  

In addition to trial work, Figliulo & Silverman have also represented clients on appeal before the appellate courts in both state and federal courts.

Figliulo & Silverman also have experience in representing owners in instances where the government may trespass upon, regulate or interfere with the use or possession of one’s property to such an extent that the owner is denied the property’s economic benefits or use. When the government effectively “takes” private property or property rights without filing an eminent domain case, the property owner or tenant may have a claim against the government for “inverse condemnation”. In such instances, the owner or tenant may force the government to pay for the property rights that have been taken.  Jim Figliulo and Carl Gigante obtained a $24 million verdict from a federal jury in a case in which a commuter railroad interfered with a client’s air rights over a site in downtown Chicago. Although the case was not an inverse condemnation case per se it was similar in many respects. More recently, Carl Gigante successfully sued a governmental body for “taking” a client’s property after the government imposed significant restrictions on the client’s right to use the property.

The firm’s success in eminent domain is attributable to its years of collective experience and hard work as well as its ability to win the confidence and earn the respect of their clients and the judges before whom they appear. They have given seminars and have written materials on eminent domain topics and have been recognized among the best lawyers in the eminent domain bar.