What Are Your Rights? What Is a Fair Price?
When the government needs your property, they can use the power of eminent domain to condemn your property. But you have rights, too. You are entitled to the fair value of your property. Know what is fair and know your rights. Talk to an eminent domain lawyer at the Butler, Vines & Babb law firm in Knoxville, Tennessee.
Contact us if you are facing eminent domain proceedings.
We respond. 1-800-697-3531. Free consultation
Having your home, farm, business or other property taken from you can be stressful and financially devastating. Talk to an experienced attorney about assuring you receive a fair price for your property. In some cases, you may even be able to limit the amount of land taken by the government.
The Process
Once a governmental entity has decided to take a landowner’s property, the landowner should take steps to position themselves to maximize their recovery, either through negotiation or litigation. The condemning authority is likely to make contact with the property owner on numerous occasions during this process. Steps taken during the pre-condemnation period oftentimes can impact the ultimate outcome of a case.
Typically the condemning authority will hold public hearings for affected property owners in which information regarding the proposed project will be provided. Once the acquisition process is underway, the condemning authority will seek access to inspect your property so that an appraiser can evaluate the land and improvements sought to be acquired. While the circumstances of each case and property are different, your contact with the representative of the condemning authority begins the process. Depending upon whether or not it is a partial take or a complete acquisition, the condemning authority may be in the position of offering business relocation assistance as well as moving expenses. At times, the condemning authority may be willing to entertain suggestions regarding slight design modifications if it is just a partial acquisition so that your utilization of the remaining property can be enhanced. All of these issues require the early involvement of an experienced condemnation/eminent domain attorney.
Our Eminent Domain Attorneys
Mark C. Hartsoe is our firm’s primary attorney in condemnation/eminent domain matters. Prior to joining our firm, Mr. Hartsoe represented the State of Tennessee (TDOT) in eminent domain matters. He tried a number of jury trials regarding the fair market value of properties. Additionally, Mr. Hartsoe negotiated the fair market value for a number of residential and commercial properties, including farms and industrial properties.
Now Mr. Hartsoe uses his experience to help property owners who face eminent domain proceedings.
Recent Condemnation Cases Handled By Mark C. Hartsoe
1. First Utility District v. Sara Ralston Mailen (Knox County Circuit Court).The condemning authority deposited $467,000 to take a portion of a family farm that had been owned since prior to the Civil War. After extensive discovery and pretrial litigation, the case settled on the eve of trial after First Utility District agreed to pay an additional $1,032,000.
2.Gatlinburg Airport Authority v. Summitt (Sevier County Circuit Court).The Gatlinburg Airport Authority sought to condemn 25 acres of the Summitt family farm for a runway extension. The defendant landowners objected to the taking, raising environmental and other grounds challenging the necessity of the taking. No order of possession was entered for the next four years despite repeated attempts by the airport authority to do so. Extensive discovery was taken. The parties ultimately agreed to a greatly reduced taking which permitted the continued ownership and agricultural use of a significant portion of the property sought to be condemned.
3. State of Tennessee v. Cargo Oil Company (Knox County Circuit Court).The State sought to condemn this convenience store for an Alcoa Highway road widening project. We objected to the condemnation asserting that it was arbitrary and capricious to proceed with the involuntary taking without having the construction funding in place and environmental work completed (essentially an advanced acquisition). After the landowner objected to the taking and sought to take discovery on this issue, the State of Tennessee cancelled their lawsuit.
4. (TDOT) State of Tennessee v. Knoxville Poultry & Egg Company (Chicken City) (Knox County Circuit Court).The Tennessee Department of Transportation condemned this property for the James White Parkway extension. Prior to trial, a settlement was reached wherein the landowners received one-third (1/3) more than TDOT deposited into court (a $155,000 increase).
James C. Wright, another partner at our firm, has represented numerous landowners throughout the state in eminent domain proceedings as well.
Demand a fair price, not the government's price.
Too often in an eminent domain case, the price offered by the government agency is far short of the actual value of the property. Our law firm has done extensive research and pretrial investigation to increase the condemnation price of our clients' properties
Valuation
While every property owner can testify as to the value of their land, in most eminent domain cases, the battle will be between the appraisal testimony of the state’s appraiser and the property owner’s appraiser.
Under the State Licensing and Certified Real Estate Appraisers Law, certified appraisers may give testimony regarding the value of a subject property. The appraisers typically use one of the three standard appraisal approaches: the market approach, the income approach and the cost approach. Most often, the fair market value will be established through the market approach which involves the use of “comparable sales.” Insofar as no two pieces of property are identical, the utilization of this approach commonly creates great variance in opinions. Appraisers make “adjustments” to account for property variability, which is somewhat subjective. Appraisers will also value the property as of the “date of possession” which is a date in which the Court transfers possession of the property after the Petition for Condemnation is filed. Usually, the landowner is given just five days to object to the taking, if grounds exist, before an Order of Possession is entered. Evaluating the condemning authority’s appraisal as well as the proposed use and public necessity is critical to determine how to proceed with planning your defense to the condemnation/eminent domain case in order to maximize your recovery from the government.
Numerous issues can arise in cases which complicate the valuation issue, including environmental issues, leasehold interests, zoning, relationship to other public improvement projects (“scope of the project rule”), etc. Quite often the attorney representing the condemning authority will have extensive experience in the field of condemnation law. For example, members of the State Attorney General’s Office, Real Property and Transportation Division essentially handle only eminent domain cases. These lawyers will appreciate the nuances of cases; it is important that you have experienced counsel to ensure that those issues are evaluated from the landowner’s perspective to ensure maximum recovery.
Yes, you can challenge how much the government wants to take.
Our eminent domain attorneys know the condemnation process and the eminent domain laws well, so when the government asks for a certain amount of property, we know how to challenge them. In one case, the government asked for 25 acres and finally settled for a substantial reduction (Gatlinburg Airport Authority v. Summitt). This enabled continued ownership and agricultural use of much of the property the government sought to condemn.
Review our personal injury results. Let us know how we can help you.
When the Tennessee Department of Transportation (TDOT) or another state, federal or local government entity contacts you about eminent domain, contact a lawyer about a fair price and your rights. Butler, Vines and Babb attorneys Mark Hartsoe and Jim Wright represent property owners in land condemnation/eminent domain cases.
