Dos and Don'ts

Is your land subject to an eminent domain or condemnation action? If so, here is some general guidelines to follow in regard to your case.

DO

  • Ask for copies of the appraisals conducted by the government or condemning authority in regard to your land. 
  • Keep all handouts or materials given to you by the condemning authority. 
  • Continue to maintain your property in a normal manner.

DO NOT

  • Do not settle for the first offer from the government or condemning authority. Take the time to visit with an eminent domain lawyer and qualified condemnation appraiser before making your decision.
  • Do not discuss any issue pertaining to the value of your property with anyone without first consulting an eminent domain or condemnation attorney.  
  • Do not attempt to value your property without the advice of a professional real estate appraiser familiar with condemnation. 
  • Do not tell the government or condemning authority your personal opinion, or that of any expert you may know, concerning the value of your land or other property.
  • Do not provide the condemning authority with a copy of any private appraisals performed on your land.
  • Do not attempt to obtain building permits, variances, zone changes, subdivision approvals, curb cuts or any other improvement that would require governmental approval without first consulting your eminent domain attorney.
  • Do not permit anyone to conduct any tests such as borings, explorations for hazardous waste, or test wells for a water supply unless your condemnation attorney secures a written agreement that ensures a copy of all test data and reports will be supplied to you.

What should I do if I have further questions?

Contact Moffitt & Phillips, PLLC at (501) 255-7406 or email us at info@moffittandphillips.com for a free consultation.