Condemnation is the legal process that allows the state to force the sale of real property. When there is a pending project for public benefit underway, the acquisition of numerous parcels of real estate may be necessary.
Property owners who do not agree to sell their property may face condemnation and the forced sale of their property. There are numerous ways for property owners to respond to condemnation proceedings. Some property owners can establish that eminent domain laws do not apply because the project is not for public benefit
Other property owners might be able to counter the amount offered for their property. In some cases, those with large parcels of unimproved land may want to look into dividing the parcel. Doing so might limit the losses suffered during condemnation.
The whole parcel may not be necessary for the project
Condemning authorities typically need to make disclosures regarding the plans for a proposed project for public benefit. Occasionally, a large parcel of acreage could be vulnerable to condemnation. However, the project may only require a small subset of that property.
It is sometimes possible to divide a parcel into multiple separate properties to reduce the losses sustained by landowners. There are various ways to potentially divide unimproved land so that the current owner can retain partial possession in an eminent domain scenario.
For example, partition actions involve going to civil court and asking a judge to separate a parcel with multiple owners into several separate parcels. It may be possible to ask for support from a civil court judge to avoid the condemnation of the whole parcel.
Other times, it may be possible to pursue platting or the process of subdividing an existing parcel. This process usually requires review by local municipal authorities and the services of a professional surveyor. After platting a large parcel, the property owner could then potentially negotiate a sale of the parcel with the property the project requires while retaining the remaining land.
Property owners worried about suffering economic losses in an eminent domain scenario may have several options available to them. Reviewing project plans and the nature of the property at risk can help people develop reasonable strategies in eminent domain scenarios.