Not Accepting the First Offer in Eminent Domain

Here is our lead attorney, Dan Biersdorf, discussing the strategy of not accepting the first offer.

Transcription of the Video:

Nearly all states and probably all states, I believe, require that before a taking can occur, the condemning authority is supposed to conduct negotiations to try and acquire the property through what we call an admission, an amicable or friendly transaction and try and avoid the use of a formal eminent domain taking.

One thing you should know is that if they make the offer? And you are not happy with the offer. You’ve been discussing it with the condemning authorities in all of your discussions, never lead to a level of compensation that you think is fair.

Do not feel that you have to be pressured into accepting the offer. Under the theory that if I don’t accept the offer, I won’t get paid. That is not true. In eminent domain, if you don’t accept the offer, that’s fine. The condemning authority always has the right to exercise its right of eminent domain and take the property from you. However, they have a condition to be able to do that and to gain title to your property. They have to deposit the money that that is the basis of their offer. Either pay you that amount directly or typically deposit that amount in court where you then can make a petition to have it released to you subject to any Lean’s or mortgages you might have on your property. Nevertheless, do not feel that you need to be pressured to accept the offer because by not doing so, you wouldn’t get any money. That is not true. And you should never feel that that feeling exists because it’s somehow intimated to you or suggested any way because that payment has to be made and you are entitled to that. And the money that they pay, you can spend it. You can do whatever you want with it and not jeopardize your claims and in eminent domain.