The process of eminent domain is controlled by a number of laws that protect the rights of property owners. When the government or other entity wants to take your property under eminent domain (also known as “condemnation,” or “land condemnation,”) the following steps must be followed. Simply hover over and click each step for a complete explanation of what to expect.
Prior to any proceedings, the government assigns a state employee to handle issues that arise once the project is announced. They are the ones who will respond to property owners’ questions. This person MAY NOT PROVIDE LEGAL ADVICE OR REFERRALS. The state must provide a written description of the property the agency seeks to acquire along with contact information for state employee who should identify the purpose of the proposed acquisition, the state agency seeking to acquire the property, along with the type of facility to be constructed on the property.
Before an offer is made by the condemning authority, the value of the property being taken must be determined and if the taking results in additional damages to the remaining land. This valuation is determined by an appraiser and is reviewed by the condemning authority before an offer is made.
The government will send a letter, via certified mail, to the property owners AT LEAST 60 DAYS BEFORE filing an eminent domain petition. This letter will include the amount of compensation and the basis for computing it. Also included will be notices that the government seeks a negotiated agreement with the property owner along with a notice of their intent to acquire the property through the use of eminent domain if negotiations with the property owner are not successful.
Depending on the complexity of the case, and the amount of damage anticipated to the property, condemnation may need to occur in order or the property owners to receive just compensation. If this takes place, an attorney with experience in eminent domain law, should be hired to assist the property owner with their claim.
After an offer has been given by the condemning authority, an attorney, experienced in eminent domain, should evaluate the appraisal, and determine if the offer represents just compensation. If discrepancies exist, the attorney will advise how best to proceed.
The attorney will help assess all damages not included in the condemning authority’s valuation and determine what fair compensation is owed to the property owner. At that time, a determination will be made as to how best to present the information to the condemning authority during the negotiation phase.
Selecting a qualified appraiser who can accurately value your property and assess the damages to any remaining parcel is one of the most critical steps in any eminent domain claim. Many times, property owners unknowingly hire an inexperienced appraiser who could seriously jeopardize a claim. Consulting with an eminent domain attorney before hiring an appraiser on your own is the best way to avoid this risk.
Accept the Offer
If a negotiated sale cannot be reached, the condemning authority may file a complaint with the clerk of court. The complaint will reference the purpose of the taking, a description of the property, and must include all property owners’ names, along with a request that compensation be paid to the property owners. Any time after the complaint has been filed, but before judgment, the condemning authority may motion to take title and possession of the property if needed; this procedure is known as a “Quick Take”. If a quick take motion is filed, the court will set a date for the hearing, no less than 5 days after the motion is filed.
At the Quick Take hearing, first the court will determine if the condemning authority has the right to exercise eminent domain.
If the court determines the condemning authority has the right to take the property, the court will listen to the evidence of value from both sides. The court will then rule on the quick take value of the land. The court’s preliminary finding of just compensation may not be used as evidence in further proceedings regarding just compensation. Once the condemning authority deposits the amount determined by the court with the county treasury, the court will enter an order of taking and the condemning authority will take possession of the property before a full trial has taken place.
After the Quick Take hearing if the property Owner and the Government are unable to agree on a final price either side can demand a jury trial. The jury trial usually sets the final price for the property.