Eminent Domain is the right of government
to take your property for the common
good.
Frequently Asked Questions:
1. What is a Total Take?
A Total Take occurs when government takes your ENTIRE property in an Eminent Domain action. You must concern yourself with the appraisal written by the Agency and the value being offered for your property, the relocation of your family to another home, and receiving all your rights under the law. Eminent Domain Information.com offers a complete package covering all the information you will need to defend your home’s value!
2. What is a Partial Take?
A Partial Take occurs when government takes A PART of your property in an Eminent Domain action. The offer for your property will be based on an appraisal paid for by government. We caution you the real exposure is the effect the partial taking will have on the balance of your property. The action could result in damage to the residue (the balance of your property). Eminent Domain Information.com offers a complete package covering all the information you will need to defend your home’s value and the effect on the residue (the balance of your property).
Order your Partial Take Package
3. What are the Additional Forms and Explanations?
The Additional Forms section is designed to address all required Additional Forms in an Eminent Domain action. You may be asked for a Mortgage Release (Bank’s release of financial interest in your Eminent Domain Award), Right of Entry (the agency attempting to enter your property before your settlement), and a variety of different easements covering a number of different exposures (Temporary Easement – Permanent Easement – Sewer Easement, etc). Eminent Domain Information.com offers a complete list of Additional Forms that may be needed to defend your home’s value!
4. Do I need a lawyer?
No. Your decision to secure legal counsel is based on research. You can save considerable money by reviewing the material and verifying its content. The decision to engage legal counsel should be based on your conclusions of all the information. Remember that lawyers tend to specialize. Eminent Domain cases are extremely difficult and require experienced legal counsel. Be prepared to interview multiple lawyers that have had trial experience in Eminent Domain law. EminentDomainInformation.com can supply you with a referral for lawyers who have indicated an expertise in eminent domain law. We also will provide you with a series of questions that you can utilize when interviewing legal counsel.
5. Do I need an appraiser?
No. The decision to secure an appraiser is based on the conclusions within the appraisal that you receive from the Agency taking your property. You will receive a copy of the appraisal that was written to establish a value on your property. Read this appraisal in great detail. It should contain the comparable properties in your community that were used to establish the value placed on your property. Get into your car and travel to each comparable. Look at each of these properties. If the Agency has failed to use comparable properties in their appraisal it may be necessary to hire a qualified Eminent Domain Appraiser to defend your position. The Appraiser should have experience in Condemnation Appraisal and experience in a court of law defending his/her opinions.
6. Do I have rights as a Tenant in the property?
Tenants are often the forgotten group in an Eminent Domain action. Eminent Domain is always thought of in terms of the Property Owner and their lost of real estate. The rights of the Tenant residing in property (Tenant Rights) are protected under the law. Our Tenant Rights Package addresses your rights as the tenant of a property being taken in an Eminent Domain action.
Order our Tenant Rights package
7. What is a comparable property?
In every appraisal the appraiser has the obligation to establish a value. The use of comparable properties is critical in establishing the appraiser's value. The comparable property should be very similar to your property. The best comparable is that property that has been sold in the open market by a willing seller and bought by a ready, willing, and able buyer. It should be of similar age, condition, size, shape, and have a similar use to your property. Therefore, if you live in a two-story house, located on a half acre lot, is of average condition, and your house is approximately 80 feet from the roadway then the comparables used in the Agency appraisal should have very similar conditions in order to establish a Fair Market Value (FMV).
8. What is the Right of Entry?
We recommend that you not grant a Right of Entry. The right of entry is simply a free pass. It is a document that allows a government agency to come onto your property prior to the Eminent Domain case and start work. The agency's right to enter your property should be given only after extensive research. Remember that Eminent Domain is a confrontational legal issue. You should move with great caution. Any right that you give away is extremely difficult to recover.
Order our Right of Entry package
9. What are Highway Plans?
You should receive a copy of the highway plans from the Agency. If the Agency does not voluntarily supply you with a copy of the highway plans, request one! The Highway Plan contains a number of valuable pieces of information. It gives you an explanation as to why your property is required for the project. It should also give you an explanation as to what will be done on your property in the Comments Section at the right side of the Summary Page. It will provide you with the visual look as to the existing boundaries, as well as the new proposed boundary lines. When you secure a copy of the highway plans ask that you be added to the mailing list on any proposed highway plan changes. This way you can protect yourself that no modification is being made to the project without your knowledge.
10. Who will contact me?
There are two primary contact points in the Eminent Domain process. The first contact is likely to be the appraiser hired to perform the appraisal on your property. The appraiser is obligated by law to offer you the Right of Accompaniment. The Right of Accompaniment affords you the opportunity to have direct contact with the appraiser in order to supply him/her with the correct information concerning your property. Beware! Answer the appraiser's questions honestly, but always make sure that the information is 100% true. The appraiser can quote you in his/her report. Any information that is incorrect may be detrimental to your value. Although there may be preliminary letters, invitations to public meetings, and research phone calls, you will be contacted for a personal meeting with either an Agency employee or a Consultant hired by the Agency. This contact person will be responsible for providing you with all of the information necessary for you to make a good decision. His/her responsibility is to provide you with full disclosure about the project and how that project affects your property value (Fair Market Value). He/she will provide you with a copy of your Highway Plans, a copy of your Appraisal, your Project Letter explaining the project, your Offer Letter outlining the sum of money you are to receive, a copy of your Purchase Contract, any easement, and any other applicable forms.
11. Does my mortgage loan have an effect on my case?
Yes! Virtually all mortgages contain clauses that warn about a material change to the property and how that change would affect the mortgage. If there is a modification to the size of your property by an Eminent Domain taking, that could be considered a material change to the property. We recommend that you clear any material change to the property with your mortgage holder. If you receive a monetary payment in your Eminent Domain case it is likely that your mortgage company would have a financial interest in that payment. We recommend that you make contact with them prior to any finalization of financial award. Remember! Your Mortgage Company has a legal right to be involved in the award you will receive.
Order our Mortgage Release package
12. What rights do you have?
- Full Disclosure of all the reasons why the project is needed and why your property is critical in that project!
- You have the right to hire your own appraiser to establish a Fair Market Value based on a ready, willing, and able buyer.
- You have the right to challenge the Agency’s appraised value in a court of law.
- You have the right to prove damages to your property after the completion of the project.
- You have the right to legal counsel.
- You have the right to defend the value of your property including land, buildings, personal property, and most importantly the damages the project will place on the property.