Rawpixel 1055781 unsplashK&C Eminent Domain Practice Group offers steps to help property owners prepare for the condemnation of private property.

  1. Keep a notebook or a file of all mail correspondence, documents, emails, or phone conversations with the condemning authority and its personnel. Record the names, phone numbers, date and time of individuals that you speak with regarding the condemnation.
  2. Maintain the property as if it was being sold on the open market. Any modifications to the property should be modest and conservative.
  3. Do not sign anything. Condemning authorities may try to take more rights in a settlement than they have the right to take.
  4. Do not contest the tax assessment. The tax assessment on a property does not represent the fair market value of the property. The tax appraisal assessment does not and should not equate to the eminent domain appraisal for just compensation during property condemnation.
  5. Consult an eminent domain attorney about any documents that may be filed on record or regarding filing of any subdivision plats.
  6. Do not change or alter any nonconforming uses, such as a sign which may have been grandfathered under zoning laws.
  7. Consult an eminent domain attorney with regards to the title of the property being taken and the title to any adjacent property that may be used in connection with the property being taken.
  8. If there are leases on the property, consult an eminent domain attorney.

For more information or to request a legal consultation, please contact us today!