Whether or not you contest the condemnation of your land is a complicated issue, and obviously the decision to do so must be made on a case by case basis. The process itself can be quite lengthy, involving court proceedings. These will vary depending on if you challenge the amount offered by the government, their reason for condemning the land, or the extent to which the land is condemned (or some combination). There is a risk involved with contesting a condemnation, as the amount awarded may be less than the original amount offered. With regard to attorney’s fees, most jurisdictions will award litigation expenses to the own, provide the government’s offer for the land was unreasonable. 

 

The property owner has three possible methods of proceeding in contesting a condemnation. He or she can contest the appraisal of the government, by working with an attorney and private appraiser to estimate the fair market value of the land. The second option is to contest the government’s proposed use of the land. This, however, is not the strongest method, for as long as the government’s use is deemed to be proper, the contestation fails. A more effective approach, and the third option, is to contest the amount of property being condemned. That is, the owner can claim that the government’s plan can be carried out with less land than they are condemning. This may be effective, as the government only has the right to the private property to the extent that it is needed to accomplish the public goal.

 

The value of the property in question is typically the central issue with which condemnation court finds itself dealing. Obviously, the worth of a property is based upon a large number of factors. Dealing with the unique characteristics of each parcel of land is often what leads to the differing value estimations of government and property owner. Important factors include the size of the land, its zoning, any structures existing on it (buildings or roads), its current use, its potential uses, adjacent properties, the existence of tenants, and whether it is linked to the livelihood of the property owner. However, not all of these factors are of equal importance, as the government is simply seeking the fair market value, that is, what agreement might be reached between two parties acting without compulsion. It is important to note that time is also an important factor, as the value of property can fluctuate considerably.