Southern California’s continued growth means more public infrastructure projects affecting private properties. From highway expansions to flood control systems, these projects can help improve people’s lives. However, they can also damage your property or reduce its value.
When government projects affect your property value
You might have an inverse condemnation claim if public government projects end up harming your property, even without formal eminent domain proceedings. You may file a claim for scenarios like redirected stormwater flooding your land or construction vibrations damaging your building’s foundation.
Steps to evaluate your property’s worth
If you file an inverse condemnation claim against the government, you might receive compensation offers that seem okay at first glance. However, these offers may not cover all your losses. They might not account for long-term impacts on your property value and business.
Before accepting any compensation offer, it’s best to do your due diligence. Below are practical tips to help ensure you get compensation equal to your property’s worth:
- Hire an appraiser: Engage a qualified real estate appraiser who has experience with inverse condemnation cases. They can provide an independent valuation of your property to determine its fair market value before and after the government action.
- Consider all types of damages: Evaluate not just the direct value of the property that’s damaged but also any severance damages, cost-to-cure damages, or business losses if applicable.
- Consider the highest and best use: Evaluate your property’s potential highest and best use, not just its current use. This could significantly impact its value.
- Document everything: Keep detailed records of all communications with government officials, appraisals, property improvements, and any other relevant information that may impact the value of your property.
Remember, market values can change rapidly, so recent comparable sales matter most when determining fair compensation.
Seek legal advice and support
Initial compensation offers might not reflect your property’s actual value or account for all damages. As the affected property or business owner, you deserve fair compensation for both immediate and long-term effects.
Aside from the earlier tips, consider consulting a trusted attorney. Look for someone experienced in handling eminent domain cases and who understands property values to help ensure you receive appropriate compensation for your losses.