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Orientation

What to do in the first week

Very little needs deciding immediately. Almost everything useful in the first week is gathering information rather than taking a position.

In order

The first week

  1. Work out what you have actually received

    A notice of interest, a notice of intent to acquire, a written offer and a filed petition are very different documents with very different consequences. The first two oblige you to do nothing. The last starts a clock.

  2. Find out whether a deadline is running

    If a petition has been filed you have a limited time to respond, and in some states it is short. If you are unsure, this is the single question worth paying a lawyer an hour to answer.

  3. Request the appraisal

    Any offer is based on a valuation. Ask for the complete report in writing, not the summary sheet. In federally assisted acquisitions you are entitled to a written statement of the basis for the offer.

  4. Start a file

    Every letter, every email, the date and substance of every call. Condemnation matters run long and memory is a poor record. Agencies keep files; owners who do not are at a disadvantage later.

  5. Do not negotiate on the doorstep

    The right of way agent is doing a job and is often perfectly straightforward, but the first conversation is not the time to state a position or agree to anything.

  6. Work out what is actually being taken

    All of it, part of it, or rights over it. A partial taking and an easement raise completely different questions from a total acquisition.

A caution

What this site cannot do

This site explains the process in general terms. Condemnation procedure, deadlines, the measure of compensation and the recovery of costs are all matters of state law, and they differ substantially from one state to another. A general description can orient you; it cannot tell you what applies to your property.

If a petition has been filed, or if a document you have been sent carries a date by which you must respond, speak to a lawyer admitted in your state now rather than after reading further.

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.

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