Negotiating an Offer Made in a Condemnation Action

After an offer is made in a condemnation action, you can negotiate the offer. You will, however, have to work very hard and have solid, clear and convincing evidence to get the government entity proceeding with the condemnation to change its initial offer.

How to Negotiate in Condemnation

When a condemnation action has been filed against your property to allow the government to take it for public use, it is filed under eminent domain law. A specific process must be followed which includes the government offering you “just compensation.” Generally, the government will first have the property appraised and make you an offer. At this time, you can try to negotiate with the government by presenting clear and solid evidence that the property is worth more than what was offered.

If you do not accept the offer, the government can exercise eminent domain to take the property and pay you a fair amount. When the government pursues condemnation through eminent domain, the government entity filing the action against your property has to provide the reason for the action being filed, along with the intended public use for the property. An appropriate amount of just compensation must be offered by the government at this time, which is equal to what the property would be worth on the open market considering all its potential uses.

When to Dispute the Action

When you are given notice of the government’s intention to condemn, you generally have 120 days from when the action was filed to dispute the amount of just compensation that was offered, and ask the court to determine a different amount of just compensation for the property. If you accept any portion of the deposit made upon filing, however, or if you fail to answer within the allotted time, the court will assume you have accepted the offer and approve the action.

If you wish to negotiate the offer that was made, it is in your best interest to get legal help to assist you in gathering evidence and convincing the government or the court that you deserve more than you are being offered. 

Case Studies: Negotiating an Offer Made in a Condemnation Action

Case Study 1: Smith Property

Smith Property, the government filed a condemnation action to acquire their land for a public infrastructure project. The initial offer made by the government was significantly lower than the estimated value of the property. Smith Property engaged a team of experienced appraisers and lawyers to gather solid evidence showcasing the property’s true worth, including its potential uses.

Through intensive negotiations and the presentation of clear and convincing evidence, Smith Property was able to convince the government entity to increase their offer substantially, resulting in a fairer compensation for the property.

Case Study 2: Johnson Estate

Johnson Estate faced a condemnation action initiated by the government for the purpose of expanding a public park. The initial offer made by the government did not adequately consider the property’s unique features and its potential value for commercial development. To dispute the offer, Johnson Estate sought legal assistance to navigate the complex eminent domain process.

Their legal team conducted extensive research and gathered expert opinions to present a compelling case for a higher compensation amount. As a result, Johnson Estate successfully negotiated a significantly improved offer that better reflected the property’s true market value.

Case Study 3: Anderson Farms

Anderson Farms found themselves in a condemnation action when the government sought to acquire their farmland for a highway construction project. The government’s initial offer failed to account for the fertile soil quality and the potential income from agricultural activities on the property. Determined to secure fair compensation, Anderson Farms collaborated with experienced attorneys specializing in eminent domain law.

They meticulously prepared a comprehensive appraisal report, highlighting the farm’s productivity and the economic loss resulting from its acquisition. Through skillful negotiation and the compelling evidence presented, Anderson Farms managed to secure an offer that adequately reflected the property’s value and the impact of its loss on their livelihood.