Can You Negotiate a Better Eminent Domain Settlement?

The term 'eminent domain' describes entities seizing properties from private landowners for public use. In most cases, eminent domains play out when a government offers money and a notice of acquisition so it can be used for a public project, such as building a road, a new development, or a pipeline. 

Appraisers visit your property to estimate its value before condemning and making an offer. The offer often comes before an entity files a condemnation action to take your property from you. While you might be satisfied with your property going toward a public project, that doesn't mean you're happy with the offer. Fortunately, you might be able to negotiate a higher bid in some of the following ways: 

Hire a Lawyer

Lawyers who are experts in eminent domain vs. condemnation lawsuits can be your first port of call when you receive notice that an entity, such as the government, wants to acquire your land for a public project. 

You might not be familiar with how this process works, but most experienced lawyers have worked with dozens of homeowners fighting this very same battle. Lawyers can fight for your right to keep your land or do their best to negotiate a better offer. You might not stand the best chance of achieving your desired outcome if you were to fight alone. 

Don't State Your Price First

In most eminent domain situations, valuation experts or appraisers visit your property to determine its value. They are required to provide you with 'just compensation' as part of the eminent domain claim process. 

While you might think you're speeding up and simplifying the process by telling the entity how much you want for your property, it's usually best to wait. You don't know whether the entity will offer more than you want, and you risk selling yourself short if you request a lower amount. 

Ask for More

Asking for more than you'll accept is your best negotiation tactic. You won't receive an offer for more than you asked for, but aiming high might mean you receive exactly what you hoped for in the first place. Most eminent domain settlement lawyers would recommend this approach to ensure you're fairly compensated for land you otherwise might not intend to sell. 

Don't Accept the First Offer

As is often the case in personal injury cases involving insurance companies, an entity's first offer is rarely their best. They're merely testing the waters to see if you will accept the lowest amount for your property. After all, they don't want to spend more than necessary when a significant development, like a highway, is about to get underway. 

While you don't have to accept their first offer, you also don't have to take their second offer. Some homeowners even turn down entities' third offers. You are within your rights to negotiate the best deal possible. 

You can feel powerless when an entity puts in a request to take over your property. While you might not always be able to retain ownership of your property, you are in a position to negotiate the best possible eminent domain settlement figure. 

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