Notice and offer
The letter, and what it actually requires
Several very different documents get called a condemnation notice. Identifying which one you have is the first task, because they range from purely informational to the start of a court deadline.
Identification
The documents, from least to most urgent
| Document | What it means | Does it start a clock |
|---|---|---|
| Notice of project or public hearing | A project is planned in your area | No |
| Notice of interest or intent to acquire | The agency may need your property | No |
| Notice of appraisal or request to inspect | Valuation is beginning; you may accompany the appraiser | No |
| Written offer to purchase | A formal offer, usually with a response date | A soft date, usually negotiable |
| Notice of intent to file | Negotiation has failed and suit is coming | Not usually, but it is the last warning |
| Petition or complaint in condemnation | Suit has been filed | Yes, and it is strict |
| Notice of deposit or possession | The agency has deposited its estimate and may take possession | Yes, for any challenge |
What a notice does not do
Three things owners assume and should not
It does not mean the amount is settled. Any figure in an early notice is a starting position derived from one appraisal commissioned by the buyer.
It does not mean the extent is settled. The area shown on the plan is what the agency has asked for. Whether an easement needs to be that wide, whether a construction area is needed for that long, and whether the remainder is viable are all negotiable.
It does not mean you must respond immediately. Unless the document comes from a court, responding thoughtfully in two weeks is better than responding anxiously in two days.
The one exception is a court document. If the paper has a case number and a court name on it, the clock is running, and in some states you have very little time.
Questions about the notice
I threw the first letter away. Is that a problem
Probably not, but ask the agency for a copy of everything it has sent and start the file now. The record matters later, particularly on questions about what you were told and when.
The notice says they will take the property whether I agree or not. Is that true
Broadly yes, if the authority and the public use are sound. It is also true that the amount is open, and that the sentence is doing work in the letter that it does not do in law.
Can I ask them to take more of my property, or all of it
Yes, and where the remainder would be unusable the agency may be required to. It is worth raising early rather than after a figure has been agreed.
Nobody has sent me anything but surveyors are on my land
Ask them who they work for and on what authority. Survey entry is permitted by statute in many states with prior notice. It is also the moment to start a file.
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.