Eminent domain cases can be a shock for property owners. You might face a government entity that wants to take your land for public use. The process often starts with an offer that seems unfairly low. This can leave you feeling frustrated and confused. Let us find out why this happens and what you can do about it.
Why do government entities make low initial offers?
When the government decides to take your property through eminent domain, they must provide “just compensation” as the U.S. Constitution requires. However, their first offer is often below market value. Here is why:
- Budget constraints: Government projects have limited funds.
- Negotiation strategy: They start low, expecting counteroffers.
- Outdated appraisals: They may use old data that does not reflect current market values.
- Incomplete assessment: They might overlook valuable features of your property.
In Texas, the Property Code law requires the government to provide a written appraisal before making an offer. But this does not guarantee a fair initial offer.
How can you determine the actual value of your property?
Understanding your property’s worth is crucial in eminent domain cases. Here are some steps you can take:
- Get an independent appraisal
- Research recent sales of comparable properties in your area
- Consider future development potential
- Assess any unique features or improvements on your land
Remember, Texas law allows you to recover reasonable attorney’s fees if the final award is at least 20% higher than the initial offer.
What should you do when faced with a low offer?
When you receive a lowball offer for your property in an eminent domain case, do not panic. You have rights and options. An attorney with experience in eminent domain law can help you understand the actual value of your property and negotiate for fair compensation. They can guide you through the complex process. Additionally, they can protect your rights and work to maximize your compensation. With proper legal support, you can level the playing field and fight for the fair market value your property deserves.
