Center for Real Estate Law

THE PROPERTY LAW CENTER, L.L.C.

WITH OFFICES IN KANSAS AND MISSOURI

Joseph R. Borich
4630 W 137th St.
Suite 100
Leawood, Kansas 66224
913-341-4550
Fax: 913-663-3834
Joe@propertylawcenter.com

James B. Jackson
4215 Hocker
Suite 300
Independence, Missouri 64005
816-461-4762
Fax: 816-252-5319
Jim@Propertylawcenter.com

Douglas J. Patterson
4630 W 137th St.
Suite 100
Leawood, Kansas 66224
913-663-1300
Fax: 913-663-3834
Doug@Propertylawcenter.com

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WHAT IS CONDEMNATION?

Condemnation is the process of taking private property for public use through the power of eminent domain. When private property is taken by the government, the owner is entitled to receive just compensation.

HOW CAN I RESIST THE CONDEMNATION OF MY PROPERTY?

There are two ways. First, you can resist the taking of your property if it is not for a public use or necessity. Second, you can demand more money if the condemning agency has not offered you "just compensation."

WHAT DOES "JUST COMPENSATION" MEAN IN A CONDEMNATION ACTION? Just compensation is not a precise concept. It generally means the highest price that the property would bring if it were exposed for sale in the open market for a reasonable period of time, and if the buyer had knowledge of all uses and purposes to which it is adaptable. DOES THIS MEAN THAT I CAN ONLY GET WHAT THE PROPERTY IS WORTH GIVEN ITS PRESENT USE? No. Courts consider the "highest and best use" in determining value. So, if the property would be more valuable if its use was changed, you would be entitled to be compensated accordingly. DO I NEED A LAWYER TO REPRESENT ME? You are not required to be represented by a lawyer, but this is a complicated area of the law and lay persons should be careful. By not hiring a lawyer, you risk not receiving just compensation for your property. A lawyer is almost essential if you plan to resist the condemnation. WHO DETERMINES WHAT MY PROPERTY IS WORTH? In most states, court appointed appraisers, then a jury will decide what your property is worth. The jury will hear testimony from appraisers hired by the property owner and the government agency. AFTER AN OFFER HAS BEEN MADE, CAN I STILL NEGOTIATE? Yes. Settlements often occur before trial, but getting a government agency to raise its offer requires hard work. An experienced condemnation attorney can help you position your case for a favorable settlement.

The information in this web site is intended for informational purposes, however, it does not constitute legal advice. If you feel you need an attorney seek advice from our firm or other competent counsel.