When you learn that your property may be condemned, you need information and advice as to how to proceed and what actions to take. Here are a number of common questions and answers which may be helpful.
Protection of the property owner is the primary concern of the lawyers at Denlow & Henry. Call or email us today.
In general, what problems do I create by handling my own negotiations?
Everything you say or do may be used against you by the condemning authority at different stages of negotiations and litigation. By waiting to select an attorney after talks have been underway, you risk compromising your rights and compensation. Keep in mind that you, as the property owner, are engaging with a condemning authority which has full knowledge of its rights while you have little knowledge of your rights under eminent domain law.
Should I discuss the value of my property with a government representative?
No. First, you should consult with an experienced eminent domain attorney. Compensation by a condemning authority may include special benefits and rights which the property owner needs to know before dealing with the condemning authority. What the property owner gains by using an experienced eminent domain attorney is a level playing field with the condemning authority.
Should I try to secure government approvals to develop my land?
No. Do not attempt to obtain building permits, variances, zone changes, subdivision approvals or curb cuts without consulting counsel. A failed attempt to obtain such approvals can be extraordinarily harmful to your case.
Should I appeal my real estate tax assessment?
No. Your opinion of value in the appeal can be used against you.
Should I hold off on maintaining the property?
No. Even if you are facing condemnation, the value of your property is determined at the time it is actually taken by the government. A lack of maintenance will only devalue it.
What should I tell the government real estate appraisers?
Very little, if anything. They are not interested in you receiving the highest possible value for your property. They are hired by the governmental agency seeking to acquire your property. Any information given to them can be used against you.
What information and documents should I provide the government if they are looking to condemn my property?
Nothing prior to consulting with an experienced condemnation attorney. As a general rule, do not supply copies of leases, expense records, profit and loss statements, or similar documents to the government or its representatives.
Should I let the government conduct any tests for condemnation, such as drilling?
No. Talk to an experienced condemnation attorney first. Underground oil tanks and potential contamination underground or in a building is a complicated issue in the field of eminent domain. Contamination on your property could significantly impact your compensation if not handled correctly.
Can I rely upon the government's relocation personnel to obtain all of my relocation benefits?
No, you need to make sure you are fully informed of your cash and non-cash rights under the relocation laws. In some instances, the federal relocation laws apply and in others situations the Missouri relocation laws will apply. An experienced condemnation lawyer will insure that your benefits are maximized and will know how to resolve differences without recourse to litigation.
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