Occasionally, when monetary compensation for land taken from you by a government agency is inadequate, land taken from a third person may be used to compensate your loss. Transactions such as these are known as substitute condemnation.

When Is Substitute Condemnation Appropriate?

Substitute condemnation is used in exceptional circumstances when the owner of land taken for public use can only be adequately compensated by receiving other property in exchange. However, substitute condemnation will not be permitted if the land given as compensation would give the landowner more value than what they parted with.

Do I Need a Lawyer?

If your land is being taken by a government agency and money will not provide you with adequate compensation, a real estate lawyer familiar with eminent domain law can advise you of the laws in your area. An attorney may also be needed if your land is being taken so it may be given to a person whose land was taken by eminent domain.