Reference
The questions owners actually ask
Grouped by what you are trying to find out. Where a question has a longer answer, the link goes to the site that covers it properly.
Can they do this
The taking itself
Can the government really take my property
If the entity holds the power and the use is public, generally yes. Challenges to the right to take are available, expensive and rarely successful. The amount is a different question and it is genuinely open.
Can a private company take my land
In many states yes, where the legislature has delegated the power. Pipelines, transmission companies and some utilities commonly hold it, usually after regulatory approval of the project.
Can they take only part of my property
Yes. Partial takings are extremely common, and they raise harder valuation questions than total takings because of the damage to what you keep.
Can I make them take all of it
Where the remainder would be unusable, most states require the agency to offer to acquire it as an uneconomic remnant. Raise it early.
What if the project is cancelled
Some states allow repurchase where property is not used for the stated purpose within a period. The provisions are narrow and vary.
Money
Compensation
Do I have to accept the first offer
No. It is an opening position based on one appraisal commissioned by the buyer. Most acquisitions settle above it.
Will they lower the offer if I negotiate
In practice no, and in federally assisted acquisitions the offer may not be below the approved appraisal figure.
What am I actually owed
Fair market value of what is taken, plus the reduction in value of what you keep. Relocation costs are covered by a separate programme.
See What you can be paid.
Why is the offer less than I think it is worth
Fair market value is a defined standard that excludes value peculiar to the owner. Beyond that, it may be that the appraisal is thin, which is worth testing.
They are paying a rate per square foot. Is that right
For the land itself, possibly. It cannot capture damage to the rest of your property, and where part is being taken the before and after method is the correct one.
Do I get paid for my business losses
In most states no. A few compensate business damages by statute. The relocation programme separately covers defined reestablishment expenses.
Who pays my legal and appraisal costs
In most states each side bears its own. A minority shift fees to the agency where the award beats the offer by a margin, which changes the economics completely.
Do I get interest
In most states, from the date of taking or deposit until payment, at a rate set by statute or the court.
Timing
Deadlines and process
How long do I have to respond
It depends entirely on what you received. A notice of interest, no deadline. An offer, usually a soft date. A filed petition, a strict one that in some states is measured in days.
How long does the whole process take
From first notice to payment, commonly several months to a couple of years, with contested matters running longer.
Can they take possession before paying me
In quick take states yes, by depositing their estimate with the court. You can usually withdraw the deposit while still arguing for more, but confirm that locally first.
Will this go to trial
Probably not. The large majority of acquisitions settle, including many after a petition has been filed.
Help
Lawyers, appraisers and what to do
Do I need a lawyer
For a small, clean acquisition at a defensible price, often not. If a petition has been filed, if part of your property is being taken, or if the sums are substantial, yes and sooner rather than later.
Should I get my own appraisal
Read theirs first. An appraisal review costs a fraction of a full valuation and tells you whether an independent appraisal is worth commissioning.
See Appraisal review.
What should I do first
Get the complete appraisal in writing, establish whether a deadline is running, and start a file. Everything else follows from those three.
Can I negotiate the terms as well as the price
Yes, and on easements it is often the most productive thing an owner can do. The document binds the land permanently and agencies have more flexibility on terms than on figures.
My house was condemned by a building inspector. Is this the same thing
No. That is code enforcement, no compensation is paid and nobody is buying your property.
See Condemned buildings.
Find the site that answers your question properly
This is a starting point. The detailed answers live on the sites built for each question, and on the site for your state.