Campbell Partners Defends Fifth Amendment, City of Huntsville Pays

This December, Campbell Partners defended a central tenet of the United States Constitution to the tune of $309,409.42. The Fifth Amendment holds that private property shall not be taken for public use without just compensation. Managing Partner Andy Campbell and partner Yawanna McDonald took on the City of Huntsville to defend the rights of a Campbell Partners client who had property condemned by the city for the extension of a sewer line along highway 72.

The Madison County probate court awarded $0.00 for the city’s 3,500 square-foot sewer easement that split a valuable, 5.2-acre piece of prime commercial real estate in half. Campbell Partners was then retained to handle the de novo appeal to the Madison County Circuit Court.

In a four-day jury trial, that included a visit to the subject property, Campbell Partners presented valuation evidence, including comparable sales in the area, sufficient to show the damage the easement had on the subject property. Ultimately, the jury concluded that the firm’s client was due $266,934.00 in just compensation for the easement prescribed by the city. The client was also awarded $42,475.42 interest for a total award of $309,409.42.