The Condemnation Process

Land valuation is complex, and sometimes the value of what is being taken depends on the rights and entitlements that are acquired, as well as the ones that are left in the landowner. In other words, sometimes an acre of land is more than just an acre of land, and it takes experience and skill to identify and analyze these issues. In many instances, these issues can be sorted out through negotiation. Sometimes they can’t. Either way, competent and experienced counsel is a valuable asset.

Initial offer/Negotiation

Whether or not your proerty is ultimately taken, the government begins the process with an offer to purchase. Negotiations are entertained at this point and, in many cases, a satisfactory result can be achieved. Skilled and experienced counsel is a key asset at this stage.

Special Commissioners Hearing

If negotiations fail, the issue of fair compensation is taken to a Special Commissioners Hearing. At this hearing, three citizens from your county hear appraisal evidence on damages and decide the amount of compensation. After this proceeding, and on the day the government deposits the awarded compensation, the government gets the right to possess your property. It’s important to put on your best possible case at this stage.

Jury Trial

After the special commissioners hearing, either side has a right to object to the amount of compensation. In addition, certain special pleas are filed at this stage. These objections convert the case into what could, ultimately, be a jury trial. Competent and experienced counsel is a valuable asset.

FAQs

Can I refuse to sell my property to the government?

Generally speaking, the government has the power to compel you to transfer your property. In limited circumstances, this right can be effectively challenged. Regardless, the government always has the obligation to pay fair market value.

Do I get to name my own price?

The law requires that government pay compensation based on what a willing buyer and seller would agree on, for your property, in the marketplace. Both you and the government are allowed to put on evidence of what this price would be, based on relevant market data.

Can I afford legal counsel?

Unfortunately, many landowners have been led to believe that if they hire lawyers to handle condemnation cases, they won’t see any recovery at all. This is not the case. Our fees are based on the amount of compensation you receive above the offer you have already been made. Alternatively, you may choose to employ our firm at our hourly rate.