Eminent domain situations are often very frustrating and disruptive. People who have spent years customizing a property and living there peacefully are suddenly faced with a demand to sell. Even if they want to remain in the property despite the offer, they may face condemnation.
Eminent domain scenarios arise when there is large-scale project intended for public benefit, such as the expansion of a local highway or the addition of new utility infrastructure. Often, such projects require the acquisition of numerous parcels of real estate. Even if local property owners don’t want to sell, eminent domain rules may leave them with few options.
An organization managing a project for public benefit that requires a property can go to court to condemn the real estate if the owner does not sell voluntarily. In some cases, work on the property may be part of the reason why homeowners do not want to sell in an eminent domain case.
Offers may not reflect the true value of the property
Especially when a piece of real property includes a residential home, the condemning authority may have a hard time making a reasonable offer. They may have information about the last sale price of the home and the sale prices of similar homes in recent moths. However, the property could be in vastly different condition than it was when the owner acquired it.
The improvements that they have made to the property could provide the basis for countering the initial offer. Depending on the work that the property owners performed or paid for, the improvements to the property could have a significant impact on its fair market value.
The initial offer made by the condemning authority likely reflects limited information about the condition of the property. Homeowners who can show that they have redone the interior and invested substantially in the property can ask for a more reasonable offer given their investments and therefore the current fair market value of the property.
There are numerous ways to assert oneself and take action when facing condemnation in an eminent domain scenario. Showing that the amount offered was inappropriately low is one viable response to an eminent domain claim.
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