Once a project is approved, the government hires an engineering firm to create the design for the project. As the project takes shape, whether it’s for a utility easement or a highway, engineers will identify real estate that will be affected. In some cases, an entire parcel of property will be required and in others, only part of the property will be taken. Unfortunately, the landowner doesn’t have much say in whether all or only some of their property will be taken.

Once the government identifies the needed properties for a project, an appraiser is hired to determine the market value for each property and provide the government with the necessary information to put together an offer. In some cases, the government may assign more than one appraiser to value a property. Often, the appraiser will not contact the property owner. Instead, they will do a “drive-by” to inspect the property and will complete their report through the use of public records. Because of this method, many property owners believe that the market value of their property is not fairly determined.

If your land will be taken by the government, you will typically be contacted by a buying agent with a purchase offer, also referred to as a uniform purchase offer. The buying agent’s main job is to get you to accept the government’s offer for your land. A buying agent may put significant pressure on you to accept the offer and not allow you much time to consider the proposal. They are not able to provide you with legal advice regarding the condemnation proceeding. This is another reason for you to consult with an attorney familiar with eminent domain and condemnation proceedings. An attorney can advise you of your legal rights and options and help you negotiate with the buying agent. Short deadlines can cause issues for landowners so it’s important for you to reach out for legal advice as early as possible if you think your land may be subject to eminent domain.

If you do not accept the government’s offer to purchase your land, a condemnation complaint will be filed with the court. If you have not hired an attorney at this point, you should strongly consider doing so to make certain your rights are not violated. An attorney will help you determine “just” compensation for your property and advocate on your behalf.

Time is of the essence in a condemnation proceeding. When the government exercises its right of eminent domain, its main goal is to obtain private property for as little money as possible and as quickly as possible to avoid any pushback from landowners. If you fail to take appropriate action in a timely manner, the government may gain access to your property and you may not receive as much money as you would have had you been prepared.

The condemnation process can be very quick if you accept the government’s offer, or it can take several years. One of the most important issues to government and quasi-government agencies who are taking your land is how quickly they can take possession of the real estate that they need. The government can take possession of your land while the condemnation dispute makes its way through the courts. Because of this, they may drag their feet and delay the proceeding as much as possible after they have gained possession of the property. Having an experienced eminent domain attorney can help move your case toward a conclusion as quickly as possible while maximizing your recovery without any unnecessary delay caused by a condemning agency’s lawyers.