Eminent domain laws allow for the involuntary acquisition of real property. When there are projects underway intended for public benefit, property owners may have no choice but to sell. Typically, the eminent domain process begins with an offer to negotiate a voluntary sale. If owners do not agree to sell, they may face condemnation and the forced sale of their property.
Sometimes, a refusal stems from an offer that seems too low. What rights do homeowners have when an offered amount is unreasonably low?
Owners can counter unreasonable offers
Those aware that their real property holdings could be vulnerable to eminent domain claims may need to consult with an attorney. A lawyer can potentially help with the negotiation process.
They can also help their clients assert their rights by taking the matter to court. It may then be possible to present information about why the offer is inappropriately low. The property owners should receive just compensation, which means the offer should be reasonable given the current fair market value of the property. Factors, including a recent uptick in prices in the area or major improvements to the property, could help validate claims that the amount offered was unreasonably low.
The party making the offer may have only had public records and digital resources available when determining the amount to offer. Presenting documentation about investments made, such as interior remodeling of a home, could help convince the courts that the amount of compensation offered is not just given the circumstances.
Those at risk of losing their real property due to eminent domain rules have legal rights. Partnering with an attorney can make it easier for people to assert their right to just compensation when their most valuable resources are on the line.