FAQ

What is eminent domain?

When the government or a utility clothed with governmental power wishes to take over private property for public use, matters can quickly become complicated.

Ordinarily, a government may exercise eminent domain only for a “public use.” A common example is the taking of land to build or expand a public road or highway.  Public use could also include the taking of land to build a school, municipal building, for a public park, to install a high voltage transmission line, or (under limited circumstances) to redevelop a “blighted” property or neighborhood. But whether the proposed use is public, necessary, and legal may be a matter of fierce dispute.

The following steps are typical when your home or business is being acquired for a public project:

The government attempts to negotiate the purchase of your property.

If you do not wish to sell, the government files a court action to request the right to exercise eminent domain and provides notice of the hearing on its request as required by law.

At the hearing, the government must demonstrate that it engaged in good faith negotiations to purchase the property, but that no agreement was reached. The government must also demonstrate that the taking of your property is for public use and is reasonably necessary for the use, as defined by law. You are given the opportunity to respond to the government’s claims and make recommendations for court-appointed commissioners.

If the government is successful in its petition, commissioners are appointed by the court, and the government will usually pay or deposit the amount of its approved appraisal of value and take ownership of the property it seeks.  Commissioners will then preside over proceedings that end in an award of just compensation.

If neither the government nor you are satisfied with the commissioners’ award, either side may appeal the award to a jury trial.

Usually, just compensation is the fair market value of your property before it is taken, less the fair market value of your property after it is taken—the so-called “before-and-after rule.” If the parties do not agree on the values, appraisers are almost always necessary to provide an expert opinion on property values.

Sometimes, if a taking destroys a business, an owner may receive, in addition to property damages, damages for the loss of their business concern. The legal complexities in this area are best handled by a competent attorney who specializes in eminent domain law.

If an owner must relocate, the owner is entitled to what is called minimum compensation—meaning, the value of a comparable property in the community.  This may be more than damages determined in a typical condemnation case.

We may be able to steer you in the right direction as to how to resolve your situation by negotiation, hiring an appraiser or seeking the right legal counsel.
Absolutely. MEDI is made up of experienced attorneys who do just that. With good information and knowledge of the laws you can not only win, but sometimes force them to pay some, or all of your costs.
Most eminent domain attorneys will talk to you initially as a no cost consultation. Also, many attorneys can be hired on a fee arrangement where they get paid a percentage of money OVER the government’s offer. Let’s say you hire an attorney and they get you $100,000 more than the government’s offer. If you agreed to pay them one-third (1/3), you will get $66,000 more by hiring that attorney.
Absolutely, and you can also recover other costs like appraisal fees. The law says if you get 20% more than the government’s last offer prior to taking you to court, the court “may” award reasonable attorneys fees and costs. If you get 40% more, the law says the court “shall” award you fees and costs.
Under a 2006 law called “minimum compensation” the government must take into consideration what it will actually cost to replace your business property or home. Even if it costs the government a lot more than what your property is worth, they need to make you whole in many circumstances.
You really have little bargaining power without a good appraiser on your side. You can usually negotiate a nominal increase but all too often people settle for amounts far below what a good attorney and appraiser can achieve.
If anything, it’s a slow moving process where the most stressful part is generally not even in a courtroom. This is the commissioner’s hearing when both sides meet with three commissioners and tell their side of the story and the three commissioners decide how much you should get.
It absolutely matters who your commissioners are. Most lawyers will attend the initial hearing when your property is condemned and work to ensure that the three commissioners will be fair. Some commissioners might have biases and have a history of awards against comdemnees like you and your attorney does not want them on your case. This is very important and a good attorney will help in this regard. In the end, the court decides whom to appoint, but the judges most often look to the attorneys for input on this matter.
Relocation payments can be obtained for tenants, homeowners and businesses and they can be substantial. They are based on federal rules and state laws. Claims can be complex, but if done properly, significant payments can be required.
Yes, and business claims and payments frequently run into the hundreds of thousands of dollars. Sometimes more. Payments for certain eligible expenses can include search costs, equipment moving and reconnection, a $50,000 reestablishment cost and more. Claims have to be properly documented, otherwise they are denied.

The Government Has Attorneys Working for Them. You Deserve Someone Working for You.

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