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The words in your documents, defined

Condemnation paperwork uses a small vocabulary precisely. Knowing what each term means makes an offer letter and an appraisal considerably easier to read.

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Terms you will meet

TermWhat it means
After valueWhat the remainder is worth once the taking has happened and the project is built. Subtracted from the before value to give compensation in a partial taking.
Appraisal reviewA formal professional critique of another appraiser’s report, assessing whether its method and data support its conclusion. Usually the cheapest way to test an agency valuation.
Before valueWhat the whole property was worth immediately before the taking, valued as one unit.
Before and after methodThe standard approach to valuing a partial taking: before value minus after value equals compensation, including damage to the remainder.
CondemnationThe legal process by which eminent domain is exercised against a particular property. Also, unrelatedly, a building official declaring a structure unfit for occupancy.
CondemnorThe entity doing the taking: an agency, a municipality, a utility or any other holder of the power.
Cost to cureThe expense of correcting a problem the taking created. A valid substitute for damages only where the cure genuinely restores what was lost and costs less than the loss.
DepositMoney paid into court by an agency, usually its estimate of compensation, often as a condition of taking early possession.
EasementA right to use land without owning it. In condemnation, a permanent easement restricts what an owner may do while leaving title in place.
Eminent domainThe power of government to take private property for public use on payment of just compensation.
Fair market valueThe price a willing buyer would pay a willing seller, neither compelled, both informed, with the property exposed for a reasonable time. A defined legal standard, not a general sense of worth.
Fee simpleFull ownership of land. A fee taking transfers title; an easement does not.
Highest and best useThe reasonably probable use that produces the highest value, subject to being legally permissible, physically possible and financially feasible. The premise the whole valuation rests on.
Inverse condemnationA claim by an owner that government action has taken or damaged property without any formal proceeding.
Just compensationThe constitutional measure of what must be paid, interpreted as fair market value plus damages to any remainder.
Larger parcelThe property treated as one unit for valuation, determined by unity of ownership, unity of use and contiguity. It decides whether damage to adjoining land is compensable.
Loss of accessRemoval or substantial impairment of the right of access to an abutting road. Compensable; mere inconvenience of a longer route generally is not.
Partial takingAcquisition of part of a property, leaving the owner with a remainder.
PetitionThe document filed in court that begins a condemnation action. Its service starts a response deadline, which in some states is very short.
Project influenceThe rule that value is measured as though the project causing the taking were not planned, so neither side gains or loses from it.
Quick takeA procedure allowing an agency to deposit its estimate and take possession before compensation is determined.
Relocation assistanceA statutory programme covering moving costs, replacement housing payments and business reestablishment expenses. Separate from compensation for the property.
RemainderWhat an owner keeps after a partial taking.
Right of way agentThe agency representative who handles the acquisition. Usually professional, and not neutral.
Severance damagesThe reduction in value of the remainder caused by a partial taking. Part of just compensation, and the item most often missing from an agency offer.
TakingThe constitutional event of property passing from private to public use.
Temporary construction easementA right to use part of a property during construction, compensated as rent for the period plus restoration.
Uneconomic remnantA remainder too small or awkward to be usable. Agencies are generally required to offer to acquire one.
Uniform Relocation ActThe federal statute governing acquisition practice and relocation assistance where federal funds are involved.
USPAPThe Uniform Standards of Professional Appraisal Practice, which govern appraisal work and are enforced through state licensing.
Yellow BookThe Uniform Appraisal Standards for Federal Land Acquisitions, which apply to federal and federally assisted acquisitions.

The terms are the easy part

What they mean for your property depends on the appraisal. Start with the document the offer was based on.

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