In Florida, only two types of trials receive a full 12-member panel jury: capital cases, such as murder, and those of eminent domain. George W. Powell Jr., managing member of Powell Law in Naples, specializes in eminent domain and property assessment law-two areas that can have dramatic impacts on businesses as well as individuals.

How common is eminent domain? It's a common activity of government. You will find eminent domain used nearly every time they extend a right-of-way or do a road project. You're also going to find it when hospitals [or schools] need to expand.

What's the focus of your practice? [Valuation law] is a niche practice, as opposed to general real estate litigation, which I also do. It focuses on actions before the court that ultimately decide the value of real estate.

How did you get into these niche markets? I spent 23 years as a real estate appraiser, involved in valuation of properties being taken by the government, and in handling property-assessment appeals.

What's new in the courts concerning eminent domain? A constitutional amendment just passed in Florida that bars the taking of private property for private development.

Who are your typical clients?

Any public or private institution that has a lot of real estate. Typically, they're commercial entities. It's particularly important that a property owner/occupier focuses on any buzz on a project. [Although the government might take the entire property], compensating the owner for the full value, the government could take only the portion it needs. The property could be so severely damaged that [it is precluded] from operating as it did prior to the taking.

What's an example?

 You could have a gas station with three pump islands. But if they widen the road they might knock off the first two pump islands [that are closest to the road]. You wind up with a convenience store and maybe a car wash and one pump island, which is inadequate to warrant the investment in the property. It's important that business property owners evaluate what's being taken on their property and consider how it will affect the remaining operation.

How complex can the cases get?

 It may be as simple as having the government's appraiser and the property owner's appraiser testify. Or it could be as complex as both sides providing engineering, architectural, professional planning and surveying testimony, and economists can [also] get involved in providing testimony.

-Andrea M. Galabinski