Appraisal Group One

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Eminent Domain and the Condemnation process is a hot topic for many, and everyone has a question. The following questions are those that we have been asked most frequently by people going through the condemnation process. We hope that this dialogue is helpful and answers many of your questions. Please feel free to contact us with any other questions you may have about the condemnation process and valuation. Q. What gives the government the right to take my land? A. The right is called Eminent Domain, and it is a sovereign right of government to take private property for the good of the public. This is not a constitutional right. However, the exercise of this right is guided by the Constitution in the 5th and 14th Amendments. Q. What gives the right of Eminent Domain to private utilities and other non-government businesses? A. The legislative branch of government can elect to transfer this right to private businesses such as utilities when the greater good of the public argument can be made. Even though they are private businesses, they are regulated by the public, hence considered public utilities. Q. When the condemnor makes their offer to purchase my property, must I accept it? A. No. If the offer to purchase is accompanied with an appraisal you are in Stage 2 of the condemnation process. This stage provides you the opportunity to contract an appraiser of your choice to complete an appraisal of the Loss and Damages due to the taking. The expense of the appraiser is reimbursable to you if the fee is reasonable. There is a 60-day time limit in this stage. See Stage 2. Therefore, if you are unsure if the offer is just we recommend that you exercise your right to a second opinion. Q. What if the offer to purchase is not accompanied by an appraisal? A. Then it is doubtful you are in Stage 2. You may be still in Stage 1 and being served a Nominal Offer to Purchase (or similar heading). This offer is often accompanied with a nominal appraisal consisting of one or two pages and a "Waiver of appraisal" document. See Stage 1. Q. Why don't they plan the roadway around my property? There are better paths. A. The planners of the project most likely considered all alternative paths and selected the one affecting your property as the best route. It may harm you, but in the bigger picture it may be the least costly and most direct route. The planners of the project seek public input in the early stages of the process through public meetings. Q. The condemnor is damaging so much of my property that I want them to take the whole property, but they refused. Why? A. The condemnor is only to take that which they need. Excessive land takings are not allowed with the exception of land-locked properties, or an uneconomic remnant, where the law states that the condemnor must purchase it. Q. Isn't the condemnor appraisal always low? A. Not necessarily. If the appraiser used the best available sales data and concluded the best Highest and Best Use for the property, then the concluded value should be fair. However, it is always best to get a second opinion if you are unsure. Q.

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