In California, the government has the right to recover a piece of private land for public-serving projects – this is known as eminent domain. They can force the sale of land for projects such as, but not limited to, road widening, freeway construction, green infrastructure or government facilities, as long as the government provides just compensation to the property owners.
But, as landowners, how would you know that the government is offering a good deal for your property? Contesting the government’s offer could be a tough battle, but it is essential to understand your rights as a property owner.
Aligning with market value
The government’s compensation must align with current market trends. Their offer should be comparable to your potential income if it were sold to a private buyer. You could consider the following factors when assessing the government’s offer:
- Property condition: This factors in the property’s size, damages or hazards.
- Location: When your property is in a profitable neighborhood, it could affect your property’s value. Improvements within and around the neighborhood could also affect its value.
- Value of similar properties: Comparing the value of properties with properties of similar size, condition or location would allow you to gauge a fair market price.
You can engage the services of a third-party appraiser to get a fair value for your property. Comparing it with the government’s offer could help you assess if they are providing you with a good deal. Otherwise, the appraisal could back you up if you pursue contesting the government’s offer.
Challenging the government’s offer
You deserve to get proper compensation from the government if they want to use your land for public-serving projects. Understanding the factors affecting their offer could help you protect your rights. Complications could arise if you do not agree with the government’s compensation. In this case, you can seek the help of an experienced eminent domain lawyer who could advocate for the just compensation you deserve.