ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Government Rights to Property

What should I do if the government wants to take my land?

If the government wants your land, chances are you'll hear about it informally ahead of time. The best approach at this time may be to rally the neighbors in hopes of influencing the authorities' plans. For example, the town might be persuaded to narrow the proposed road that would eat up some of your yard. Your first official notice will be a letter indicating interest in acquiring your property (or a portion of it) for a certain purpose. That's when informal negotiations should kick into high gear. With or without your consent, the government then has your property appraised and makes you an offer, called the pro tanto award, which you may accept or refuse. If you accept it, the government may ask you to sign a document waiving your right to sue for more money. Some governmental units offer a bonus to entice people into accepting the pro tanto award, because it's cheaper than going to court. In a typical project, about 75 percent of the property owners accept the government's initial offer. The rest sue for more, but three-quarters of them settle the case before trial.

If you think the offer is too low, retain a lawyer experienced in eminent domain cases to negotiate for you and prepare your case for possible trial. If the case does go to trial, it's a battle of experts who testify to the value of the property, which is ultimately decided by the jury.