Eminent Domain - Frequently Asked Questions

1. Does the State have the right to take my property? Eminent Domain FAQS

In some cases yes and in some cases no. Your case will depend on who is taking the land and for what purposes. The process of understanding your rights and what you can do about the government taking property varies from case to case; however, one thing is very clear, the earlier you contact an experienced and competent eminent domain attorney, the more options that will be available to you.

Mistakes early in the eminent domain process can hurt you very badly. For example, in one case Attorney Webb is familiar with, a parking analysis that would have increased the settlement was not in the original appraisal and all information related to this analysis was thrown out by the judge.

In addition, if a property owner inadvertently hires an appraiser that has done a lot of work for the State in the same location and project, it is unlikely your property will ever receive a higher value than the original ODOT appraisal.

Attorney Webb has a network of qualified appraisers and real estate professionals to help you get the most favorable outcome. The best outcomes and benefits occur when the attorney and client partner together.


2. Do I have to take the State's first offer?

No! You have a right to get your own legal counsel, hire an appraiser, and negotiate your own settlement with the State.

3. Can they come on my property?

Yes, they can get surveys, stake out property, and develop legal descriptions, but they must give you warning before coming onto the property.  In addition, if they damage your property during this process they must compensate you.  It is important to understand when someone is legally allowed to come on your property and for what purpose. Make sure you know your rights when they do come on your property.


Guardianship FAQS4. Do I need an attorney?

You need someone who is looking out for you. You need someone with experience and expertise to look at the construction plans and the appraisal to ensure they are accurate. Eminent domain law is very technical. Only attorneys with years of experience in eminent domain will fully understand the technicalities. Attorneys, even business and real estate attorneys, without this experience could cause you to lose money. Choosing an experienced legal partner early in the eminent domain process will ensure you get the best possible outcome. 

Attorney Webb works with a network of skilled, experienced, and knowledgeable eminent domain appraisers. She knows how to work with them to help you get a fair and accurate appraisal.

5. Do I have to hire an appraiser?

In some cases yes and in some cases no.   Eminent domain is based upon an appraisal of your property, it is usually necessary to have your own appraisal. However, sometimes just pointing out errors and problems with the State's appraisal may be enough, without having to hire an appraiser.

Unfair or inaccurate appraisals can cost you thousands of dollars! Who did the appraisal is also important. Not any appraiser can do an eminent domain appraisal. There are things unique to the law that ordinary appraisers don’t understand and their inexperience could cost you money. An experienced eminent domain attorney can help you get the best appraisal based on your unique case.


Call Attorney Webb Today!

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