Indianapolis Eminent Domain Lawyers

Indiana Eminent Domain Law FAQ

• What is “just compensation,” and how is it calculated?

  Just compensation is the fair market value of your property, which is the amount the government must pay when taking your property through eminent domain. This value should reflect what a willing buyer would pay a willing seller in an open market.

  Factors that influence this calculation include:

  • The current use of the property
  • The potential for future development
  • Comparable sales in the area
  • The impact of the taking on any remaining property (severance damages)

  Our attorneys work with expert appraisers to ensure that government offers are fair and won’t hesitate to seek additional compensation if the valuation is too low.

• Can I still negotiate after receiving an offer for my property?

  Yes. Receiving an offer from the government doesn’t mean you’re required to accept it. In many cases, the government’s initial offer undervalues the property. Property owners have the right to challenge the government’s valuation and negotiate for a higher amount.

  Our attorneys will review the offer, analyze your property’s true value, and negotiate aggressively on your behalf. If the government refuses to offer fair compensation, we’re prepared to take the matter to court.

• What are severance damages, and can I claim them?

  Severance damages are compensation for the reduction in value of the portion of your property that remains after a partial taking. For example, if the government takes part of your land for a road expansion, the remaining property may lose value due to reduced access, noise, or other factors.

  If part of your property has been requisitioned, our lawyers will evaluate the impact on the remaining land and see that severance damages are included in your compensation.

• How long does the eminent domain process take?

  The timeline for an eminent domain case can vary depending on the complexity of the project and whether the case involves litigation.

  In general, the process involves notifying the property owner of the proposed land use, making an initial offer for the property’s value, and potentially negotiating to determine a fair amount. The case may go to court if an agreement can’t be reached.

  Our attorneys can expedite negotiations while pursuing fair and adequate compensation on your behalf. If litigation becomes necessary, we’re prepared to guide you through every step of the legal process.

• What are residue damages?

  Residue damages could include a reduced value of your remaining land, or a reduced value of your home or other structures on your property. The category of other damages can include a wide variety of damages that may be suffered by virtue of the construction or the project. Appraisers hired by the government or taking agency will commonly underestimate or completely overlook residue and other damages to your property.

• Can I receive additional compensation for an eminent domain issue that I discover later?

  Under eminent domain, you are entitled to just compensation. However, it is important to know that you only have one bite at the apple. Once you settle with the government or taking agency, the transaction is complete. You will not be able to receive any additional compensation if some type of damage, issue or problem is later discovered. This is why it’s important for you to seek legal guidance or representation if you are faced with an eminent domain action to take your property.