CONDEMNATION PROCEDURE
Eminent
Domain is the ability of certain entities to take private property for a public
use. Private property can include land and certain improvements that are
on that property.
Private property may only be taken by a governmental entity or private
entity authorized by law to do so.
Your property may be taken only for a public use. Eminent domain
cannot be used to take your property for economic development purposes, except
for limited exceptions provided by law.
Your property cannot be taken without adequate compensation.
Adequate compensation include the market value of the property being taken. It
may also include certain damages, if any, to your remaining property caused by
the acquisition itself or by the way the condemning entity will use the
property.
How the Taking Process Begins
The
taking of private property by eminent domain must follow certain procedures.
First, the entity that wants to condemn your property must notify you about its
interest in acquiring your property. Second, before a condemning entity
begins negotiating with you to acquire your property, it must send this
Landowner's Bill of Rights statement to the last known address of the person in
whose name the property is listed on the most recent tax roll.
Third, the condemning entity must make a good faith offer to purchase the
property. The condemning entity's offer must be based on an investigation
and an assessment of adequate compensation for the property. At the time
the offer is made, the governmental condemning entity must disclose any
appraisal reports it used to determine the value of its offer to acquire the
property. You have the right to either accept or reject the offer made by
the condemning entity.
Condemnation Proceedings
If
you and the condemning entity do not agree on the value of the property being
taken, the entity may begin condemnation proceedings. Condemnation is the
legal process for the taking of private property. It begins with a
condemning entity filing a claim for your property in court. If you live
in a county where part of the property being condemned is located, the claim
must be filed in that county.
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