Real Estate Law
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Hi - my name is ***** ***** I'm an attorney in Tennessee. I'll be glad to assist.
I suppose that this is an eminent domain condemnation....which is the biggest leverage a municipality can use to obtain property/access/easements, etc., and it is difficult to fight the government subdivision (city) over these issues. Basically, all the government is that the condemnation is necessary for a public purpose or a public necessity.....and if this very low threshold issue is met, then they're going to be allowed to take the property for whatever use it deems necessary.....thereby leaving you with a claim over how much they should pay for the use of the property.
Here's a good link you can read: http://www.condemnation-law.com/tennessee-eminent-domain-attorney/
So in this case, you would have to be able to prove that the construction easement the city seeks is not being obtained for a public purpose or out of a public necessity.....which is possible, but probably pretty difficult to achieve.
You could argue that the other lot is more attractive and should be considered/used, but in all honesty, the city can defeat that claim by simply stating that yours is the better option based on their information/studies/engineer recommendations, etc.....so it's tough to stop it.
Also, this isn't a permanent taking......it's temporary, so most judges aren't going to give the city a real hard time over it......but you are entitled to be compensated for the damage/use of your property.
You would need to have an appraiser assess the value of the use of your property and the impact on the property in order to set a baseline for damages stemming from the use of your property.