Risks Involved with Resisting Condemnation

Your main risk in resisting condemnation of your property is that your final monetary judgment may be less than the initial offer. Another risk is that you will end up paying attorney and court fees. 

Resisting Condemnation

There are three ways to resist a condemnation. 

• You can claim that the monetary offer is not just or reasonable. When your property is taken through condemnation, you must be given just compensation. Just compensation is determined by assessing the value of the property at the highest price it would bring if it were placed on the market for a reasonable length of time and if the buyer was aware of all the features and uses of the property. Also taken into account are the possible future uses of the land or property, especially if its value would be higher if its use was changed. The court will consider the highest and best use when assessing the value of the property. 
• You can claim that the government is not taking the property for public use, and/or 
• You can argue it is not necessary for the government to take the property.

Condemnation Proceedings

• The government will file a court action to use the right of eminent domain.  
• A hearing will be scheduled and at that time, the government must prove its taking of the property is legally justified and that the offer it made to you was reasonable.
• At the hearing, you will have the opportunity to respond to the claims made.
• If either party is not satisfied with the final judgment, an appeal may be pursued.    

Attorney and Court Fees in Condemnation Proceedings

Attorney and court fees will be involved. In some states, the court has the right to award these expenses back to you if certain conditions are met:

• The fees are reasonable,
• The original offer is determined to be unreasonable; and
• Your demand is reasonable.  

In other words, if you win the case, you may be compensated for a reasonable amount of your legal fees.

Case Studies: Risks Involved With Resisting Condemnation

Case Study 1: The Risk of Inadequate Compensation

Ms. Adams owned a property that was subject to condemnation for a public infrastructure project. She decided to resist the condemnation in hopes of receiving a higher compensation offer. However, after lengthy legal proceedings, the final monetary judgment was even lower than the initial offer. Ms. Adams faced the risk of not being adequately compensated for the value of her property and lost the opportunity to accept the initial offer.

Case Study 2: Burden of Attorney and Court Fees

Mr. Davis was determined to fight against the condemnation of his property, believing that it was an unjust exercise of eminent domain. He hired an attorney and went through the condemnation proceedings, but the legal battle incurred significant attorney and court fees. Despite winning the case and successfully resisting the condemnation, Mr. Davis had to bear the burden of the expenses, which diminished the overall financial outcome.

Case Study 3: Limited Compensation for Legal Fees

In a different scenario, Mr. Thompson successfully resisted the condemnation of his property through the legal process. However, even though he won the case, the court did not award him full reimbursement for his attorney and court fees. While some states allow compensation for legal fees under specific conditions, Mr. Thompson received only a partial reimbursement, which impacted the overall financial outcome of resisting the condemnation.

Getting Help – Condemnation Law

If you do intend to resist condemnation, you will need a lawyer on your side in order to have the best chance of being successful.