October 2020


The eminent domain provides the government the right to compensate for a private property owned by a citizen to use it for public welfare and development. One way or the other, the government will try to take over your property if it is required for the development of public use. However, there is nothing to worry about as the compensations provided by the government for your private property will be way more profitable than what you can actually sell to a real estate agent. This is because the government is obligated to pay full compensation to the property owner if they really want to occupy their land. The government may also pay for the moving costs, engineering, appraiser fees, attorney fees, and other compensation requirements demanded by the owner if proven legit. But, one should always be careful about negotiations, and one bad move can result in bad compensation. Here are the mistakes that you should definitely avoid during an eminent domain action.

Negotiating without a consultant

Most people do not feel the need to hire a consultant for themselves as they feel they know about their property more than anyone else. But a team of attorneys, appraisers, engineers, contractors, surveyors, and business damage experts will always be beneficial in identifying the true worth of your home. You will have to deal with the appraise from the government’s side, and it is best that you have a consultant of your own to counter their proposals with better ones. The taking authority will pay for the fees of consultants you hire, so never let the deal done without a consultant of your own.

Learn what is compensable

People often make the mistake of understanding what is compensable. Eminent domain has a list of rules to identify what is compensable and what is not. Make sure you know these regulations or take the help of an expert, or you can face a loss of what you could compensate. Some compensable like business damages is something you should know when you are selling small business property.

Ask for non-monetary benefits

Ask for non-monetary benefits

Do not forget to ask for the non-monetary benefits like adding a curb cut to the roadway design, additional time to stay in the property after compensating, and other such benefits. Use expert guidance to learn about every non-monetary benefit that you can get from your deal with the government.

Understand the eminent domain procedure

If you fail to understand the procedure of eminent domain, you may face troubles while moving or getting the right help. Learn about the deadlines and procedures properly to ensure maximum recovery for your property during the compensation. Be sure to have the right signs up, we suggest metal signs to stand up to the weather.

Do not hire the wrong consultants

Do not hire the wrong consultants

Make sure that you are taking help from a professional who has dealt with eminent domain for several other clients. Take referrals from your neighbors to find a consultant that can get you the best deal. Hiring a bad consultant who cannot communicate your requirements properly to the taking authority can cost you in at the negotiation table.


The government can occupy a private property under eminent domain rules if the property is needed for public welfare and development. In return for the property, the government has provided compensation to the property owner according to the fair market value. Buu the compensation provided for the first time is not always the best offer you can receive. You can receive your very first offer on the same day an appraiser from the government’s side visits your property. No matter how attractive their offer may look at the time, you should refrain from taking it. When the government desperately wants your property, you get plenty of room to negotiate the compensation with them. If you rush your eminent domain process, you may leave out a lot of benefits that could be yours if you waited. Here are the reasons to avoid the first deal in an eminent domain process.

Take expert’s advice

You will need a consultant to represent your pitch to the appraisers from the government, so you can get the best compensation for your property. You can find an attorney who specializes in eminent domain cases and can connect you to a network of engineers, appraisers, business damage experts and create a team to help you with your eminent domain case. When you are dealing with an eminent domain case for the first time, take the help of an attorney to verify whether the deal is justified or still negotiable. They will provide you an idea of where the offers can go if you reject the first deal.

Information gathering is necessary

Information gathering is necessary

The more informed you become of your property, the better you will be able to negotiate with the government on the compensation. When you get the first order, there is a high chance that the negotiator did not utilize all the aspects of your property to make the offer. You can take the help of your own appraiser to find out the fair market value of your home. An appraiser can look for a similar property that was being sold recently and compare your first offer with the value for that home. You will know when the government is trying to lowball you.

You can always negotiate

It is your right as the property owner to negotiate the offer with authority. The eminent domain process will keep going until you accept an offer or visit a court to let the judge decide the fair market value. You just have to be smart enough to deal with the negotiation yourself to gain as many benefits as you can before the government starts to dislike your approach. An attorney can help you find the right information to make a legally justifiable negotiation. Always have at least one counteroffer that is planned with the help of experts.