The Appraiser’s Role in Eminent Domain and Condemnation Proceedings

What Eminent Domain Requires

Eminent domain allows a government entity or authorized utility to acquire private property for public use, provided the owner receives just compensation. The appraiser’s role is to develop an independent opinion of the property’s value, unaffected by the condemning authority’s offer.

Just Compensation Standard

Just compensation is generally measured as the fair market value of the property taken, determined as though the property were being sold in the open market between a willing buyer and willing seller, without regard to the specific public project driving the acquisition.

Partial Takings and Severance Damages

When only a portion of a property is acquired, the appraiser must also consider severance damages — the diminution in value to the owner’s remaining property caused by the taking — which often requires a before-and-after valuation analysis.

Why Independent Valuation Matters in Condemnation

Because the condemning authority and the property owner have opposing interests in the outcome, an independent, well-supported appraisal gives property owners credible evidence to negotiate a fair settlement or present in a condemnation hearing.

Dunkin Advisors prepares independent valuations for eminent domain and condemnation matters. Contact us to discuss your property and timeline.

This article is provided for general educational purposes only and does not constitute legal advice. Eminent domain and condemnation procedures vary by jurisdiction. Property owners facing a taking should consult a qualified condemnation attorney.