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Condemnation Does the government have the right to take my property?
It depends. Many governmental agencies have the power of eminent domain; however there are certain rules and restrictions on how that power can be exercised. If the government does take your property they must provide you with just compensation.
Can the government take as much of my property as they want?
No. The condemning authority can only take the amount of property that is necessary to achieve a valid public purpose.
How will I know whether the government wants to take my property?
In most cases you will learn far in advance of the proposed construction date of the project. Often the agency will hold a public hearing which describes the project and boundaries of the project. As the construction of the project becomes nearer, you will likely receive a written offer to purchase a portion of your property.
I think my property may be condemned, but I have not heard from the government. What should I do?
It is important to maintain the appearance, condition, and maintenance of your property. It may also be an appropriate time to speak with a lawyer familiar with the condemnation process. Actions that you take in the years prior to the condemnation of your property (such as a property tax protest) may have an impact on a condemnation award you might receive years later.
It is never too early to speak with an attorney about your rights.
I have received an offer from the government to purchase my property. What do I do now?
Once you receive an offer you can determine whether or not you believe that it constitutes just compensation for they property being taken. You also have the right to consult with an attorney or other professional about your rights.
The government has told me that their offer is based upon the appraisal of my property. What does that mean?
Prior to making an offer to purchase your property, the governmental agency hire an appraiser to give them an opinion of the value of the property being taken. The appraiser’s opinion is just that -- an opinion of value that you have the right to disagree with.
If I don’t agree with the government’s offer what do I do next?
You have the right to negotiate with the government and ask for what you believe is just compensation. It is advisable to speak with an attorney or other professional to find out about your rights.
Does the government have an obligation to negotiate?
Although the law requires the government to participate in “good faith negotiations,” the common interpretation of this obligation is merely that the government provide you an offer and adequate description of the property that they wish to acquire.
What happens after negotiations end?
If the parties are unable to agree upon just compensation for the proposed taking, the government agency will likely file a petition with the local County Court asking for the Court to appoint a board of appraisers (three local property owners) to conduct a hearing and determine just compensation for the property being taken.
What happens at the County Court proceeding?
The Board of Appraisers hears testimony from the government and the property owner about the value of the property at an informal hearing. The Board then personally views the property and makes a determination of just compensation for the property taken.
Do I have to accept determination of the Board of Appraisers?
No. You have the right to appeal the decision of the Board of Appraisers to the local District Court and have a determination of just compensation made by the jury of your peers. The proceeding at District Court is a conducted in the same manner as all civil trial, with specific procedures and rules of evidence that must be followed.
Is this a complete description of all issues involved in a condemnation proceeding?
Absolutely not. There are many issues involved in a condemnation proceeding, many of which depend on the specific facts and circumstances of each situation. If you would like to discuss your particular situation in greater detail, please contact us today.
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