- How does the state acquire my property?
- What criteria are important for selecting an appraiser
- Can I stop the government from taking my property by the use of its eminent domain powers?
The State can negotiate to buy your property just like any other buyer might. If you and the State can not agree a price, though, the State can proceed with eminent domain. Eminent domain is simply the legal process that has been established to allow governments to gain ownership of private property. Eminent domain formally begins when the State starts a lawsuit to take your property. These lawsuits do not affect your credit rating or allege that you have done anything wrong.
An eminent domain appraiser should meet the following standards: a. Thorough understanding of eminent domain valuation rules; b. Experience with property type being acquired; c. Ability to write a comprehensive and thoroughly reasoned appraisal report; and, d. Ability and experience as a witness in court. Learn more about the importance of selecting an appraiser in eminent domain law.
The eminent domain process can be stopped if the proposed taking does not meet the requirements for public necessity or public purpose. If these tests are met, the government cannot be stopped from taking your property, but the government cannot dictate the price it will pay, either. Learn more about challenging the right to take in eminent domain.