Getting More Than What Your Property is Worth in a Condemnation Action

In a condemnation action, you must be compensated for the value of the property at its ‘highest and best use,’ as determined by appraisers and the courts, and not for the value of the property given its present use. This means that if the property to be condemned would be more valuable if its use was changed, you would be compensated accordingly.

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What Does

If you have been subject to a condemnation proceeding on personal real property that you own, you have probably already been served with a notice of just compensation, which is the first step to the local or state government condemning your property through the eminent domain process. Just compensation is the amount of money that the local or state government has decided to offer you in return for your property, and it is ideally meant to be a sufficient amount to replace the property.

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Who Determines What Your Property is Worth?

During condemnation proceedings, third parties are hired to appraise the property’s value, called ‘appraisers.’ Sometimes, there is a condemning agency that handles this that will either have its own appraisers or hired appraisers. If the property owner does not accept the valuation of the appraiser, however, the case may go to court and a jury may decide the worth of the property for condemnation purposes.

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