On the Job

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?