Cases of Eminent Domain
What Are The Steps The Government Must Take for in Cases of Eminent Domain?
The steps a government agency must take to obtain your property through a case of eminent domain is usually determined through statutes in your state.
What Can I Expect to Happen First?
When a government agency is interested in obtaining your property through eminent domain, they will:
- Make an initial contact to express an interest in your property
- Schedule a date for an appraisal of your property
Once the appraisal is complete, you will be provided with a copy of the appraisal and an offer will be made to purchase your property.
What Occurs after an Offer Is Made for My Property?
After an offer is made, a public hearing is held for the agency to explain why your property must be taken. Usually, the agency will have to show that:
- Your property is necessary for a public project
- The greatest benefit to the public will be where your property is located
- They have made an offer to you
Once the Hearing Is Complete, What Will Happen Next?
After showing that your property is necessary for a public project, an eminent domain case will be filed in court. Through a court proceeding, you can be sure to obtain the best possible price for your property:
- The government agency that wants to take your property will make a deposit with the court for the expected value of your property
- Before the case is heard in court, you and the government will obtain appraisers to determine the ¿fair market value¿ of your property
- The appraisals will be exchanged and you have the opportunity to settle
- If you choose not to settle, a jury will be used to determine the fair market value
When Will I Get Paid?
Once a settlement is reached, or a jury comes to a decision, the government agency will have to pay you within 30 days. At this time, title to your property will be transferred to the government.
Do I Need a Lawyer?
If you are contacted by a government agency that wants to take your property, an experienced eminent domain attorney can help ensure your rights are protected. A lawyer can help you obtain an accurate appraisal and represent you in reaching a settlement or guiding your case through a trial.
Consult a Lawyer - Present Your Case Now!
Last Modified: 02-25-2011 10:08 AM PST
