Eminent Domain Appraisal

Eminent Domain

In an eminent domain proceeding, its your right to obtain an independent appraisal. If the state wants to condemn your property, or take it from you by means of "eminent domain," it must give you "just" compensation. In addition, the plantiff (condemnor) generally pays the defendant up to $5,000 for appraisal fees.

In eminent domain State DOTs use their own condemning authority and hold title to acquired property, unlike a direct Federal acquisition. As such, they are not subject to the "yellow book", however, they are subject to the Uniform Act requirements and its implementing regulations found in 49 CFR Part 24. An appraisal for eminent domain must comply with the Uniform Act requirements and the Uniform Standards of Professional Appraisal Practice (USPAP) unless a jurisdictional exception applies.

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