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Guardianship FAQ

Eminent Domain - Frequently Asked Questions

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


In some cases yes and some cases no, your case will depend on who is taking the land and for what purposes. To fully understand your rights and what you can do about an eminent domain action 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 you have open to you.


Mistakes early in the eminent domain process could hurt you very badly. For example, in one case Ms. Webb is familiar with, a parking analysis that would have increased the settlement wasn’t 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, it is unlikely your property will ever receive a higher value than the original ODOT appraisal.


Ms. Webb has a network of qualified appraisers and real estate professionals to help you get the most favorable outcome. The best outcomes and benefits will come 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 council, hire an appraiser, and negotiate your own settlement with the State.

3. Can they come on my property?


Yes, to get surveys, to 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.


4. 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 insure 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 insure you get the best possible outcome. 


Ms. 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 that will give you the best possible outcome.


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. Their inexperience could cost you money. An experienced eminent domain attorney can help you get the best appraisal based on your unique case.



Call Ms. Webb Today!

(866) 897-2219