For many homeowners, an eminent domain case feels like a violation of their rights. Eminent domain is a government right that allows agencies to acquire private property from owners to use for the development of highways, schools, or some other public project. If the government can prove the area the property is in is blighted in some way, and that the project will better the area, it can legally take land away from property holders for different use. 

The Steps in an Eminent Domain Acquisition

• The government determines a need for more land for a project and works with a zoning expert to decide what properties must be purchased
• The organization contacts all the property holders, informing them of the plan to acquire their property at a reasonable value. 
• An appraiser is sent out to assess the value of your property. 
• A public hearing is held to prove the “resolution of necessity” to acquire the property. 
• The eminent domain case is filed and papers are served to the property owners. 
• The government agency deposits the estimated amount of fair compensation to the court to be transferred to the land owner. 
• The owner and government review the offer and discuss whether the amount is fair. 
• A final settlement amount is discussed and settled upon.
• A trial is held if a settlement can’t be agreed upon and a jury determines if the government is offering a “fair market” value for the property, and has just cause to obtain the property in question. 
• The jury returns a verdict and if the government wins the case a judgment amount is entered. 
• The government pays the judgment within 30 days and the property title is transferred to the government agency.

Don’t Panic if the Government Contacts You

The first step of eminent domain that you’ll know about occurs when the government contacts you, informing you of its interest to acquire your property. Normally, the agency will reach out and explain that the government intends to acquire your property for a future project. If this happens to you, don’t panic just yet, there are some steps you can take to try and preserve your property and avoid being paid too little for your land. 

Hire Your Own Appraiser

Always hire a third-party appraiser to look at your property and determine its fair market value. Working with a knowledgeable professional makes it easy to determine what your property is actually worth. Once you have a figure, you can use that number to compare it against what the government is offering you. If the government value is significantly lower than what your appraiser said, you likely have a case to increase the compensation. If the amount is close to what your appraiser determines you may not be able to take any legal action effectively. 

Bring the Case to Court

If you believe the government doesn’t have the right to acquire your property, it’s a good time to talk with a local eminent domain attorney to learn more about your situation. A skilled attorney will understand your chances of winning against the government and can help you determine if you should file a lawsuit to try and stop your property from being acquired, or if you should push for a larger amount of compensation. 

Most attorneys will charge a reasonable rate to look over the details of your case and let you know what your options are. If you have any doubt about whether the government can rightfully seize your property, or you believe you are entitled to more money, it makes sense to work with a qualified attorney. 

Stopping Eminent Domain is Unlikely

Every land owner has the right to fight against eminent domain in court. The trouble is that these cases are very difficult to win completely. Few lawyers are able to prove that a government agency isn’t going to use your land for a justifiable public project. The more likely solution is that you aren’t able to avoid losing your land, but you increase the amount the government pays you in the process. 

How a Lawyer Can Increase Your Payout with Little Money Upfront

Many eminent domain lawyers will work on a contingency basis for a case to increase the money the government must pay to acquire your property. If a lawyer believes you’re entitled to a better payout, the attorney will build a case for you on the condition that you pay a percentage of your additional compensation to the attorney after winning the case. That means if the attorney effectively gets the government to offer you an additional $50,000 for your property, you would pay a percentage of that increase to the attorney as compensation for their work. 

It’s often difficult to stop a government from seizing your property, but many individuals successfully sue for more generous compensation. Government agencies want to acquire property for as little as possible. Don’t be afraid to fight back against these agencies if you feel like you’re being ripped off. There’s a good chance you’ll profit with help from an experienced eminent domain attorney.