It is important to understand that the power of eminent domain is not totally unlimited - there are cases in which the right to take can be challenged. The challenge arises when the basic eminent domain requirements for the taking are not satisfied. In order to take property from an individual property owner, a governmental entity must satisfy two requirements. One, the property must be used for public use, as defined in the federal constitution; and two, the property owner must be paid just compensation. There is also the issue of necessity, which is a sub class of public use. Necessity is the test that determines the amount of property needed to adequately undertake the public purpose. Notably: failure for the taking to fulfill the definition of public use could be a basis for stopping the taking of the property. You could take a peek at Insights On Reno inverse condemnation attorney for smart information.
Step two is to take the information you've gathered and see how the appraiser adjusted these sales up or down to reflect the value of your property. And it is important to interject here that you will have access to the government's appraisal in most circumstances. All you have to do is ask them for it. Back to step two, the appraiser's adjustments can have a significant impact on how your property is valuated. And here is the kicker - for the most part these adjustments, and more particularly the amount of adjustment, is based solely on the appraisers discretion. There is no set formula for determining this. An experienced eminent domain lawyer should be able to tell if these adjustments are realistic or not. If they relied upon the mistakes found in step one to make these adjustments, there could be some significant difference in the final determination of fair market value
Before I go any further I want to stress to everyone reading this article that eminent domain is not something you should try to negotiate on your own. It is a very technical area of the law, and determining how to get the right amount of compensation for your property takes a lot of experience. Please don't read this article and try to negotiate the sale of your property to the government on your own. Hire an eminent domain lawyer.
The law provides governmental bodies with the power to take property for "public use". Examples of endeavors which satisfy the public use requirement include roads, parks, schools, other public buildings, and blighted property (in most states) where the criteria for determining blight varies from state to state.
Before I get started, though, I want to point out that this article is not legal advice and should not be used as such. If your property is being taken by eminent domain, I would recommend, before getting an appraisal on your property (which can actually work against you without the right instruction), contacting an experience eminent domain attorney. They will be able to not only fairly analyze the government's offer of just compensation but help you get the most money for your property. Please contact a condemnation attorney today if your property is being taken by the government.
Now that you've gotten yourself signed up with an eminent domain lawyer you can look at the offer presented to determine its validity. The usual basis of property value for appraisers is to look at other sales that actually occurred in the market that were similar to your property and then adjust those sales to account for the individuality of your property, otherwise known as the comparable sales or market approach. There are several problems that can arise with this method that you need to examine before accepting an eminent domain offer of purchase.
Some states utilize the administrative claims procedure. If negotiations do not result in the consensual purchase of the property, the condemnor will file a document with the local property recording authority (register of deeds, county recorder or the like). Upon the filing of that document and payment to the property owner, the title of the property will then be passed to the condemnor. Under this scenario, the property owner must file and initiate a separate independent claim (lawsuit) to recover any additional damages. This procedure has strict deadlines. If the property owner does not file a claim within the required deadline, the right to a claim is waived and lost. These deadlines vary from state to state.
In the end, determining the fair market value of your property and just compensation in an eminent domain case is a very subjective exercise. The government will have advocates on their side to help them present their point of view, and you should too.
Step two is to take the information you've gathered and see how the appraiser adjusted these sales up or down to reflect the value of your property. And it is important to interject here that you will have access to the government's appraisal in most circumstances. All you have to do is ask them for it. Back to step two, the appraiser's adjustments can have a significant impact on how your property is valuated. And here is the kicker - for the most part these adjustments, and more particularly the amount of adjustment, is based solely on the appraisers discretion. There is no set formula for determining this. An experienced eminent domain lawyer should be able to tell if these adjustments are realistic or not. If they relied upon the mistakes found in step one to make these adjustments, there could be some significant difference in the final determination of fair market value
Before I go any further I want to stress to everyone reading this article that eminent domain is not something you should try to negotiate on your own. It is a very technical area of the law, and determining how to get the right amount of compensation for your property takes a lot of experience. Please don't read this article and try to negotiate the sale of your property to the government on your own. Hire an eminent domain lawyer.
The law provides governmental bodies with the power to take property for "public use". Examples of endeavors which satisfy the public use requirement include roads, parks, schools, other public buildings, and blighted property (in most states) where the criteria for determining blight varies from state to state.
Before I get started, though, I want to point out that this article is not legal advice and should not be used as such. If your property is being taken by eminent domain, I would recommend, before getting an appraisal on your property (which can actually work against you without the right instruction), contacting an experience eminent domain attorney. They will be able to not only fairly analyze the government's offer of just compensation but help you get the most money for your property. Please contact a condemnation attorney today if your property is being taken by the government.
Now that you've gotten yourself signed up with an eminent domain lawyer you can look at the offer presented to determine its validity. The usual basis of property value for appraisers is to look at other sales that actually occurred in the market that were similar to your property and then adjust those sales to account for the individuality of your property, otherwise known as the comparable sales or market approach. There are several problems that can arise with this method that you need to examine before accepting an eminent domain offer of purchase.
Some states utilize the administrative claims procedure. If negotiations do not result in the consensual purchase of the property, the condemnor will file a document with the local property recording authority (register of deeds, county recorder or the like). Upon the filing of that document and payment to the property owner, the title of the property will then be passed to the condemnor. Under this scenario, the property owner must file and initiate a separate independent claim (lawsuit) to recover any additional damages. This procedure has strict deadlines. If the property owner does not file a claim within the required deadline, the right to a claim is waived and lost. These deadlines vary from state to state.
In the end, determining the fair market value of your property and just compensation in an eminent domain case is a very subjective exercise. The government will have advocates on their side to help them present their point of view, and you should too.