What Property and Business Owners Need to Know About Eminent Domain or Condemnation
When a public agency is taking your property for a new right-of-way or other public use, with the use of Eminent Domain or Condemnation, you have the right to receive the fair market value for your property.
Eminent domain is the law that gives the public agency the right to take your property for public use.
Condemnation is the action taken by the public agency to force you to sell your property by taking you to court where issues such as property value will be determined.
A real property appraiser will evaluate the fair market value. The government agency condemning your property will hire an appraiser to help them determine the fair market value, which will be the basis of their offer to purchase your property.
The property owner can also hire their own appraiser to do the same.
Any differences (which are common) between the two appraisers’ evaluations of fair market value can be negotiated between the two parties, mediated, or taken to court.
Business owners located on property being taken by use of Eminent Domain, have the right to relocation benefits, if the condemning public agency is using federal funds in the project, or they have elected to pay relocation benefits.
Usually relocation benefits follow the relocation guidelines of the Federal Highway Administration (FHWA), Federal Transit Authority (FTA) or the Federal Aviation Administration (FAA). The relocation guidelines are very similar among the three federal agencies.
Often, your state or local public agency has adopted one of the Federal Agency guidelines to use on their projects.
The public agency will provide a relocation agent to work with you on determining your eligible relocation benefits.
As part of your relocation benefits, you have the right to hire a professional to help you plan your relocation.
Martyn Daniel has helped hundreds of businesses successfully relocate while following eminent domain relocation guidelines, with the use of his consulting services, coaching services, and group workshops, to provide each business with the knowledge to make educated decisions.