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Knowing what your property is worth under eminent domain

On Behalf of | Jan 16, 2024 | Government

As a property owner, it’s important for you to understand how the government values your property. This becomes especially crucial when the government exercises its power of eminent domain. You might wonder who sets the appraisal amount and what factors come into play. Understanding your property’s worth is the first step in this process. From there, you can effectively navigate the concept of “just compensation” and ensure your rights are protected.

The appraisal process by the government

When the government uses its power of eminent domain, it sets in motion a detailed appraisal process. This process is vital as it establishes your property’s fair market value. In these cases, the government itself determines your property’s value, considering several factors, such as:

  • Estimated market value
  • Comparable sales in the area
  • Income generated by the property, if applicable
  • Cost of rebuilding any unique or special structures elsewhere
  • Expected use of the acquired property
  • Impact on the remaining property, if only a part is taken

These factors help define the just compensation for a property under eminent domain, ensuring you receive fair compensation as the property owner.

Understanding just compensation

Once the government’s appraisal is complete, you’ll receive an offer. If you agree with the offer, you can accept it and receive payment, and the government will assume ownership of your land. However, if you disagree with the offer, you have the right to challenge it. You might consider hiring a professional, ideally a specialist in eminent domain, to conduct an independent appraisal if you believe the government’s offer is unfair. You could also protest the seizure if you disagree with the intended use of the property. As a property owner, you have the right to receive the actual value of your property as your ultimate goal is fair compensation. If you need further help in understanding your property’s worth and ensuring you receive the compensation you deserve, consider consulting with a lawyer experienced in eminent domain.