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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have received notice of condemnation of property I own

Customer Question

I have received notice of condemnation of property I own for a temporary construction easement. The city owns a vacant lot across the street from my property that would better suit their needs for the project. What must I do to dispute or stop the process? Thanks. Steve
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

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/

Expert:  Roger replied 1 year ago.

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.

Expert:  Roger replied 1 year ago.

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.

Expert:  Roger replied 1 year ago.

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.