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Before condemnation of your property can commence, negotiations must be undertaken to acquire the property by purchase or exchange. An agency is required by law to make a reasonable effort to negotiate with you before filing for condemnation. In addition, the agency must disclose two things: (1) that oral promises are not binding on the agency, and (2) that the property owner has the right to request that the Office of the Property Rights Ombudsman mediate or arbitrate disputes involving eminent domain.
The agency will typically hire an appraiser to inspect and estimate the value of your property. You have the right to receive a copy of the appraisal, whether provided directly to you or by a written GRAMA request.
If you believe the value of the property found in the appraisal is inaccurate, you may contact our office to discuss your situation. Depending on the facts of your case and if our Office believes it is reasonably necessary to resolve your dispute, a second appraisal may be ordered. The second appraisal will be done by an appraiser approved by the property owner and experienced in eminent domain appraisals. Every effort will be made to ensure that the second appraisal is fair, impartial, and considers all factors in valuing the property.
These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.