The process
What to have in the file
A condemnation is argued on documents. The ones that help an owner most are usually the ones showing what the property is used for and what it could be used for, not the ones proving ownership.
The list
What to gather and why it matters
| Document | Why it matters |
|---|---|
| Deed and legal description | Establishes exactly what you own and its boundaries |
| Survey, current or historic | The basis for arguing what is being taken and what is left |
| Title insurance policy | Reveals easements and restrictions that affect value |
| Leases and rental records | Tenants hold compensable interests and income supports valuation |
| Zoning letter or plan designation | Central to the highest and best use argument |
| Planning applications and approvals | Direct evidence that a higher use was realistic |
| Any earlier appraisal | Useful evidence, and the agency will find it anyway |
| Purchase documents | What you paid and when is relevant evidence of value |
| Tax bills and assessments | Weak evidence of value, but part of the picture |
| Improvement records and receipts | Shows what has been invested and when |
| Permits for wells, septic and utilities | Locates infrastructure that may be taken or cut |
| Photographs, dated | The only reliable record of the property before the project |
| Business records, if applicable | Needed for any claim involving business operations |
| Correspondence with the agency | The whole file, in date order |
The most valuable item
Evidence of what the property is actually for
An appraiser working from public records and a site visit sees a parcel. What they frequently do not see is how it functions: the gate used for deliveries, the corner the trucks turn in, the field that floods, the drain that runs under the strip being taken, the second entrance that exists only in winter.
Owners hold all of this and routinely assume it is obvious. It is not, and once the appraisal is written it is much harder to introduce. Write it down before the inspection and hand it over.
Photographs taken now are worth more than any argument made later. Once construction starts, what the property looked like before becomes a matter of recollection, and recollection does not persuade anyone.
Questions about documents
Do I have to give the agency everything I have
No. You should answer properly and honestly where you are required to, and in litigation disclosure rules apply. Volunteering material outside that is a decision to take with counsel.
I cannot find my survey. Does that matter
Not fatally. The agency will commission its own, and the county may hold records. An old survey showing a feature that has since changed can still be useful.
Should I get my own appraisal straight away
Not necessarily on day one. Read the agency appraisal first. An appraisal review costs less and tells you whether an independent valuation is worth commissioning.
Not sure what to do next
Most owners are reacting to a document they did not expect. Working through it in order is easier than it looks.