Bouldin & Bouldin, PLC Attentive. Accessible. Experienced. 2026-07-23T13:26:02Z https://www.bouldinplc.com/feed/atom/ WordPress /wp-content/uploads/sites/1302171/2021/05/cropped-favicon-1-32x32.png On Behalf of Bouldin & Bouldin, PLC <![CDATA[Can a road project affect more than the land it takes?]]> https://www.bouldinplc.com/?p=46832 2026-07-23T13:26:02Z 2026-07-22T18:17:24Z Why a partial acquisition can have a bigger impact A project may require only a narrow strip of land, but it can still change how the remaining property functions. A new road layout might reduce parking, move a driveway or limit direct access to the property. It may also affect how easily customers reach or see a business. A farm reliant on the use of heavy equipment might now have more restrictive access. Those changes may affect how the property is used every day. That is why the impact often extends beyond the land itself.

Why the remaining property still matters

Under Tennessee law, compensation may include more than the value of the land that is acquired. In some situations, the project may reduce the value of the property that remains. This is commonly known as severance damages. Every property is different. The overall damage depends on how the project changes the remaining land.

How is property value determined?

The government generally relies on an appraisal to estimate fair market value. That appraisal may consider the property's location, its highest and best use, and other market factors. Property owners may also compare that valuation with their own understanding of the property's value before deciding how to respond. If the parties disagree about compensation, Tennessee law provides a legal process for resolving that dispute. Road projects often change more than the amount of land shown on a survey map. Looking at how the remaining property may be affected can provide a clearer picture of the project's overall impact.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[How to challenge the state’s valuation of property in Tennessee?​]]> https://www.bouldinplc.com/?p=46831 2026-07-08T11:35:25Z 2026-07-08T11:34:33Z When the State of Tennessee seeks private property through eminent domain, the valuation attached to that taking might carry real financial consequences. Property owners do not have to accept the first number presented. Tennessee law requires just compensation and that standard demands a fair review of the property’s actual value.

What does the state’s valuation really represent?

The state’s valuation usually begins with an appraisal and a purchase offer. That figure may appear firm, but it is not always complete. In many cases, the initial assessment may miss favorable market data, undervalue the property’s best use or fail to capture damage to the remainder of the property after a partial taking.

How can owners challenge the evaluation?

Property owners should begin with a careful review of the appraisal, the legal description and the basis for the offer. An independent appraiser with eminent domain experience can identify flaws in the state’s analysis. Legal counsel can use that evidence to negotiate a higher amount or present the dispute in court if settlement fails. Common pieces of evidence include:
  • Independent appraisal: A well-supported appraisal can expose errors in the state’s methods and provide a stronger conclusion of value.
  • Comparable sales data: Sales from similar properties in the same market often reveal whether the offer falls short.
  • Leases, income records and development evidence: These records help show present value and future potential, especially for commercial real estate.
  • Construction costs, upgrades and land features: These elements may affect value more than the state admits.
Strong evidence often changes the tone of negotiations. It gives owners leverage and helps build a credible claim for full compensation.

Why does acting quickly matter?

Time shapes the outcome in eminent domain disputes. Early review preserves options, sharpens strategy and prevents costly mistakes. With prompt legal guidance, Tennessee property owners can challenge a low valuation and pursue the compensation the law requires.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[3 reasons eminent domain compensation could be too low]]> https://www.bouldinplc.com/?p=46829 2026-06-30T00:05:09Z 2026-06-30T00:05:09Z 1. Significant interior renovations When property owners remodel the bathroom, finish a basement or make other significant property improvements, those changes can substantially increase the fair market value of the property. The party pursuing condemnation is likely unaware of the improvements to the interior of the space, making documentation necessary to secure a fair offer.

2. Fluctuating local markets

Factors ranging from reports on school performance to high-profile crimes can have a profound, short-term negative impact on property values. In some cases, the condemnation process occurs during a temporary downturn in market values. Property owners may need help showing that current sale prices for comparable properties are not a reasonable representation of what properties are worth.

3. Hidden resources

Real property owners may have mineral and water rights related to the land they own. In some cases, those resources can be valuable and may even be a source of revenue. Property owners seeking to challenge the amount offered for an eminent domain property sale may need support to understand and utilize their rights. Working with an attorney can make it easier to estimate an appropriate value for real property and counter the sale price offered during formal condemnation proceedings.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[What is a temporary construction easement?]]> https://www.bouldinplc.com/?p=46828 2026-06-17T14:46:13Z 2026-06-17T14:46:13Z Business owners need to be able to use their property in the way they intended and the way that’s allowable under applicable laws and zoning. One thing that some business owners may not think about is what happens if there’s construction near the business.  In some cases, a temporary construction easement may become necessary when construction is occurring near the business. This may seem like a minor inconvenience, but there’s a chance that it could have a significant impact on the daily operations of the business. Access to the property, parking and customer flow can all suffer. 

What should business owners know about temporary construction easements?

A temporary construction easement is only for a defined period, which should be clearly stated. The easement should also describe where workers can enter, what equipment can be stored on the property and what type of restoration will be done after the project concludes. In some temporary construction easements, the property owner may receive compensation, so this should be in the documentation if it’s part of the situation.  It’s important for business owners to fully understand the scope of the project so they can plan for the ways that it will affect the business. This can sometimes become a logistical nightmare. Staging areas, utility work, graded surfaces, fencing and changes to traffic patterns are some of the challenges that may occur.  Determining exactly what the documentation for a temporary construction easement means can be challenging. Because these easements can have such a major impact on the business, the business owner may opt to have someone review the easement to determine their rights and responsibilities throughout the process.   ]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[Who absorbs the costs of a construction delay?]]> https://www.bouldinplc.com/?p=46827 2026-05-30T14:08:38Z 2026-05-30T14:08:38Z Professionals and businesses could be liable Liability for construction delay expenses depends on many factors. The specific wording of the contract and any promises regarding the estimated completion date are important to consider. Many contracts include language that limits liability for reasonable delays. The underlying reason for the delay is another key detail. If the construction company or professional could have prevented or at least limited the delay but failed to do so, there could be a degree of liability there. The promptness with which they communicate the issue to the property owner is another factor to consider. Businesses and their commercial insurance policies can sometimes help offset some of the losses generated by major construction delays, but legal action may be necessary to obtain compensation for lost revenue or alternative housing expenses caused by delays. Reviewing communication records and contracts with a construction litigation attorney can help frustrated property owners understand their options accordingly.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[How long do you have to challenge an eminent domain taking?]]> https://www.bouldinplc.com/?p=46826 2026-05-21T19:02:04Z 2026-05-21T19:02:04Z When the state or local authority moves to seize your property through eminent domain, you don’t have to stand by and watch it happen. Tennessee law gives property owners the right to challenge the taking or the compensation offered. Most property owners think they have plenty of time to respond, which is not the case. Eminent domain cases move quickly, and missing a critical deadline can significantly limit your legal options. Here’s more on this.

When does the clock start ticking?

In Tennessee, the eminent domain process typically begins when the condemning authority files a petition in court. Once that petition is filed and you're served with notice, you generally have 30 days to file a response or raise objections to the taking itself. Think of it as your opportunity to challenge whether the government has the legal right to take your property at all. If you miss that window, courts may treat your silence as acceptance of the taking, leaving you to fight only over compensation rather than the validity of the seizure itself.

What about challenging the compensation offered?

Even if you don’t contest the government’s right to take your property, you can challenge the amount of compensation offered. Under eminent domain law, you are entitled to just compensation, which is intended to reflect fair market value. As such, you can dispute the government's initial appraisal if you believe it falls short. The timeline here is more flexible, but delays still carry risk. Market data becomes stale, comparable sales lose relevance, and key witnesses like appraisers and engineers may become harder to locate or less effective over time.

Don’t let deadlines cost you your rights

An eminent domain taking can feel overwhelming, but the law provides important protections for property owners. Professional legal guidance in such situations can help you evaluate whether the taking is lawful, challenge an inadequate offer and ensure every deadline is met so your property rights get the full defense they deserve.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[Real estate title defects when property changes hands]]> https://www.bouldinplc.com/?p=46824 2026-05-12T15:55:00Z 2026-05-12T15:55:00Z During a real estate transaction, it is important for there to be a clean title. Certain title defects can require clearing prior to that transaction, perhaps extending the amount of time it takes before things are finalized.  This is even true during eminent domain cases. For instance, one common title defect is when there is a claim of ownership from another party. Two people may simultaneously own the same property, such as if they purchased it together or inherited it jointly. Both have a valid ownership claim.  In an eminent domain case, this can make the situation more complex. The government is going to take the property and pay just compensation to the owner. But who is the legal owner of that property? Who has a right to this fair market compensation? Who needs to be involved in negotiations? 

What are some other title defects?

Joint claims of ownership are just one type of title defect, but other issues include:
  • Liens against the property, such as a tax lien or a mechanic’s lien
  • Incorrect filing procedures with property ownership paperwork
  • Inconsistencies in wording between documents, such as the deed and the title
  • Financial judgments against the property or unpaid loans, such as a mortgage loan
That does not mean that eminent domain is impossible just because title defects exist. But it certainly does add a level of complication to the process and may make it take longer for just compensation to be paid to the owner. As such, it is important to understand exactly what legal steps to take to rectify the situation.  ]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[How long is the eminent domain process?]]> https://www.bouldinplc.com/?p=46823 2026-04-27T19:12:20Z 2026-04-27T19:12:20Z Key steps in the process During the months that the eminent domain case is active, there are five main steps:
  • The announcement of the project by the government, informing property owners
  • Property appraisals, which are followed by an offer of compensation
  • Negotiation, particularly if the property owner believes that the offer is too low
  • Litigation, which may be necessary if negotiation fails and a court order is needed
  • Payment and transfer of ownership, meaning that the government now owns the property and can use it as they see fit
Not all of these steps will be necessary in every case. For instance, a property owner who negotiates a settlement they believe is fair may won’t go through litigation. It is important to understand how eminent domain works, especially if there are conflicts over land use or compensation packages. Property owners need to understand their legal options. Having experience guidance can help.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[Eminent domain: Relocation benefits and just compensation]]> https://www.bouldinplc.com/?p=46822 2026-04-06T17:05:57Z 2026-04-06T17:05:57Z Learning that the government wants to take your private property is disheartening, but it’s not something that you have to simply accept. Instead, you can review what they’re proposing in their offer and determine your steps. If you’re presented with this, you should work swiftly because there are strict time limits that apply.  There are often several things covered in the eminent domain offer that you’ll receive. The Uniform Relocation and Real Property Acquisition Policies Act sets specific standards for these situations. For example, the written offer must be based on an appraisal and must reflect just compensation.  Within the offer, you may encounter terms for compensation and relocation. While these are sometimes blended into one general concept, they are actually very different. 

What is compensation?

Compensation is the amount that the government will provide to acquire the property. This is based solely on the appraisal of the real estate. There should be a clear amount in the offer. There must also be a comprehensive explanation of what’s being acquired and the method of calculation used to determine the amount. 

What is relocation assistance?

Relocation assistance is an amount offered to help with moving expenses and finding replacement housing. This doesn’t discount the compensation at all. It’s an additional benefit when it’s available. It’s crucial to read through the offer to learn exactly what assistance is meant to help with and find out if there are any conditions attached to the funds.  Eminent domain is a tough process for any property owner to go through. It’s often beneficial to work with someone familiar with these matters so they can help you to explore the available options and determine a plan to move forward.   ]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[Litigating earnest money disputes after a canceled closing]]> https://www.bouldinplc.com/?p=46821 2026-03-20T15:10:26Z 2026-03-20T15:10:26Z There are numerous common reasons that real estate closings fall apart at the last minute. Typically, buyers have an obligation to follow through with their offers and purchase real property unless certain circumstances justify canceling a closing. Even then, there may be a dispute about their decision, and the seller may demand to keep their earnest money. Earnest money deposits typically represent 1% or more of the offered sale price. Litigation may be necessary to resolve that disagreement.

Real estate contracts outline cancellation options

Buyers making offers on residential real estate typically include contingencies in their offers. These contingencies allow them to cancel the closing without penalty if something unexpected happens between when they submit the offer and when they close on the property. Contingencies related to financing, appraisals, inspections and even the sale of the buyer's home are common. Although buyers may feel confident about their right to cancel, sellers might disagree that the circumstances warrant the invocation of the contingency. They may file a claim against the earnest money. Going to civil court to litigate the matter may be necessary in such cases. Buyers must present evidence supporting their claim that the situation falls under the scope of the contingencies included in the agreement. Sellers may try to validate the losses they sustain due to the cancellation and justify their retention of the buyer’s earnest money. People preparing for real estate transactions or dealing with the aftermath of a failed purchase may need support. Partnering with a real estate litigation lawyer can help aspiring homeowners and sellers protect their interests when transactions go sideways.]]>