pre-condemnation

Underwood-Blog-Images-1-2-300x300 A pre-condemnation offer is a formal offer based on an appraisal that the government needs to offer a property owner prior to filing a condemnation claim in court. Condemnation is the special word given to eminent domain actions and should not be confused with the condemnation that is associated with those actions taken by the government against properties that pose health risks and other hazards to the public.

The pre-condemnation offer is incredibly important, and the government’s failure to comply with the strict statutory guidelines in place can result in massive expenses during a condemnation hearing. The Underwood Law Firm is familiar with Eminent Domain disputes over property values and is more than capable of assisting you from the appraisal phase to a condemnation trial.

What is Eminent Domain?

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A lawyer's desk with scales in front and a lawyer's signing a paperwork behind it.
The acquisition of private property for eminent domain usually proceeds on a long timeline. Before the government actually uses eminent domain to acquire private property, there is a substantial amount of planning. During the pre-condemnation period, which can stretch for years, a governmental entity often has the opportunity to make land use decisions about the property that it intends to acquire.

While there is nothing out of the ordinary with making land use decisions pending condemnation, per se, it can become problematic when those decisions lower the value of the land that will eventually be taken. In those situations, there is a question about whether the property owner in that situation can recover from the diminution in value.

Unreasonable Delay is Compensable

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Articles Tagged with pre-condemnation

In Eminent Domain, what must be included in a pre-condemnation offer? (Gov. Code § 7267.1)

What is Eminent Domain?

Can You Recover from Pre-Condemnation Activity? (First English Evangelical Lutheran Church of Glendale v. Los Angeles County (1987) 482 U.S. 304, 316-322)

Unreasonable Delay is Compensable