Eminent Domain Questions

[sputnam]

Hello All,

This is my first post so please be nice . I live just outside Asheville, NC and the state is going to take my house to widen a road. The Right of Way process starts in December so I am trying to do anything I can to get the most money out of my property. I want to hire an appraiser to come look at my home, give me his/her estimate for what it is worth and what I can do to get more out of it. I want this done without posting it publicly (not until I get all my ducks in a row). Is this legal and ethical? I would never ask anyone to do anything that is not ethical and I don't want to insult the local appraisers due to my lack of knowledge. Also, please shoot any info I might need to know about eminent domain and the appraising of my house.

Thank you all for your time,
Eddie

NCDOT will have one or more appraisals done. Traditionally, they have encouraged appraisers to err on the side of the property owner (don't know if that is still their policy). Once they get the appraisal, they will make an offer for your property. You can accept or decline. If you decline, then you get to negotiate with them. That is the time that having an independent appraisal will be useful. If it were me, I'd wait and see what they offer. They might surprise you.

If you do decide to get your own appraisal, be aware that not all appraisers are qualified to do Right of Way appraisals. Ask a lot of questions before you engage someone.

 

[leasedfee]

. . . The state typically does not want to go to court and will often negotiate based on what they believe the property is worth plus what it is expected to cost to take such an action to court. Depending upon the situation this range can be significant and result in a just compensation payment well above market value. . . . If you are expecting to receive double, triple or even more than that above what your property's market value is because it is your one time to the well or your opportunity to stick it to the man, then expect a fight.

Ditto, and everything else he says.

Remember, the highway department is staffed by civil engineers who just want to re-build a road and have it acquired in time to meet their schedule. Your property isn't a magical utopian castle (something many property owners become irrational about). Your property is a fungible asset. Be willing to negotiate and let them know it, but don't rush to the table either, stall just long enough for them to be willing to yield on price. Let them know of your upgrades. Projects receiving Federal funding (and who doesn't, anymore) are legally required to offer the appraised market value of the appraiser that they hire. I.e., you are to receive "just compensation" and not a penny less so they're not going to low-ball you. If the project doesn't receive Fed funds then it is subject to state statutes and your area may play by different rules.

When it comes to negotiation, some authorities will play hardball arguing only to pay "fair market value" (plus some negotiation wiggle room) as of the date of taking. Some authorities may recognize that you're underwater and that because it is a forced sale they may take a kinder view and will be willing to acquire it at or near to your acquisition price, if you sign the deed in a timely manner. The right-of-way agent needs to justify his actions and close your file and work on the tougher cookies. Ultimately he wants to tell his department head and the department head wants to tell the engineering bosses that they have their property rights so they can proceed. They want to avoid court because it is bad community relations, besides being costly. Nothing says job well done for the agency if acquired at a reasonable price with a friendly deed.

They have an approved list of experienced eminent domain appraisers not a skippy appraiser so they will be knowledgable people.