I’ve been told that if I don’t sell my property voluntarily, the developer will take it anyway, and I’ll just get less money. Can they do that?
Compensation laws and procedures vary significantly from state to state, so you must contact a lawyer in your state to get the real answer to this question. Generally speaking, if an agency condemns your property, you are entitled to “just compensation.” In some states, that means just the value of your land and building. In others, it may include some of your business value, business fixtures, goodwill, or other items. You must find out from a local attorney what is included. Whether the “voluntary” sale would be more or less money than what would happen at a condemnation depends on many factors. It is possible that the developer will offer you more at the beginning than the initial appraisal. On the other hand, it is possible that in a condemnation proceeding, you can show that your property is worth more than the supposed voluntary sale price or the government’s appraisal. You will need to get a sense of what your property is worth in order to figure out if you are being offered an appropriate amount. But most important, many home and business owners simply do not want to sell their property. They are happy where they are and wish to remain. This resource is aimed at those individuals who cherish their property and want to fight eminent domain abuse. Your home (or business) is truly your castle and the government should not be allowed to take it from you to give to another private party for their economic gain. If someone says to you that the developer (not the government) may take your property, write down exactly what was said, who said it, and when. Usually, private parties do not have the power to condemn property, so this statement may be useful evidence in the future. You or a lawyer will have to research this question very carefully.