Condemnation is the government process of taking private land for public use. The government must pay fair market value for your property. Depending on the facts of your situation, you may be eligible for a homestead taking and/or heritage value premium. You may also be entitled to relocation assistance.
If you are unable to agree on the fair market value of your property, the government will file a condemnation lawsuit. In order to proceed with condemnation, the government must comply with procedural requirements, including good faith negotiations, notice, and offer rules. You are allowed to obtain your own appraisal at your expense.
If the government has complied with the procedural requirements, the Court will appoint three commissioners to decide the fair market value of your property. You have the right to a commissioners’ hearing. If you are not satisfied with the result of the commissioners’ hearing, you have the right to a jury trial.
If you have additional questions about condemnation / eminent domain, contact the real estate attorneys at the Paul Law Firm. Consultations are always free!