Property Rights

Protecting the Private Property Rights of Individuals and Corporate Entities

The Fifth Amendment to the United States Constitution provides that no private property shall be taken except for a public purpose and with just compensation. Our attorneys strive to protect the private property rights of individuals and corporate entities against government and private action.

In this endeavor, we have all sorts of property rights matters, including, but not limited to, adverse possession, trespass, condemnation, inverse condemnation, easements, restrictive covenants, and landlord/tenant disputes. For us, politics cannot trump private property rights.

We have a proven track record against municipalities, landowners and developers who have used governmental or economic power to take property from others with proper purpose or just compensation.

One of our leading attorneys, J. David MacCartney, Jr., Esq., successfully contested the fairness of governmental action in an eminent domain proceeding, achieving a scathing opinion against a municipality’s stated objectives in exercising the power of eminent domain for private, not public, benefit and stopping the taking of the client’s property. We have also obtained just compensation where a municipality has failed to offer proper payment for private property. Partner Brian D. Nugent has been successful defending property rights in State Supreme Court and Appellate Courts for our clients.

Beyond real property, our office represents personal property rights, including lien law claims and fight public and private sales of property where the asserted debt is non-existent or exaggerated, among other things.

Contact Us

Please contact our office at (845) 353-2000
for inquiries regarding our Property Rights Practice,
or to arrange a consultation with one of our lawyers below: