Learning that a project for public benefit could affect property ownership is a frightening experience. People who have spent years improving and paying off their homes and other real estate holdings could lose them in a forced sale.
Property owners facing eminent domain claims have a few options available to them. How do people respond for their own protection in an eminent domain scenario?
1. Questioning the nature of the project
Individual property owners or groups of neighbors can fight against condemnation and eminent domain claims by proving that the proposed project is not actually for public benefit. Challenging the nature and the scope of a project can be an effective response to an eminent domain situation.
2. Subdividing a parcel
In cases involving large parcels, farmlands and other acreage, the project may only require a portion of the property. It may sometimes be possible to subdivide real estate in a manner that allows the original owner to retain as much as possible and to only sell the portion necessary for the project.
3. Countering the initial offer
In cases where the project is clearly for public benefit and the entire property is necessary to the project, owners may still have options available to them. They might be able to assert that the amount offered does not represent fair compensation based on the current market value of the property.
Factors, including recent improvements to the property and changes in the real estate market, might mean that the amount offered is unfairly low. Property owners can counter low offers with more appropriate sale prices.
Reviewing the situation that led to an eminent domain claim against the property can help real estate owners choose the best path forward. The legal system offers several options for those who want to protect their investment.