Eminent Domain / Condemnation FAQ’s
September 12, 2022We get so many questions here at Lake State Realty in regards to eminent domain and condemnation that we thought we would create a page of some of the most frequently asked questions.
What is the difference between eminent domain and condemnation?
Eminent domain is the concept of taking real estate for public use (roads, sewers, power lines, pipelines, etc.) while condemnation is the actual process used to take the real estate through the right of eminent domain.
Can I still negotiate compensation after the condemnation hearing?
YES!!! Often times negotiation can occur months or even a year or more after the condemnation hearing. We have successfully completed appraisals for people well after construction started and they ended up negotiating compensation while construction was occurring.
How much will a second opinion appraisal for eminent domain cost?
Ultimately, a second opinion appraisal for eminent domain matters will cost nothing in the State of Minnesota. According to Minnesota State Statute 117.036, the owner of the property to be acquired will be entitled to a reimbursement of eminent domain appraisal costs. The reimbursement for appraisal costs applies up to $1,500 for single-family and two-family residential property and $5,000 for other types of property.
How do I get started with an eminent domain appraisal?
The best way to get started is to contact us! The first step is to set up an appointment with one of our eminent domain appraisers to come and view the acquisition area.
What is the difference between a temporary easement, permanent easement, and new fee right-of-way?
A temporary easement is a portion of land that will be acquired temporarily, usually to complete a construction project. A permanent easement is a portion of land that will be acquired on a permanent basis for use by the acquiring authority. New fee right-of-way is land that will be acquired in fee.
Which areas do you service for eminent domain appraisals?
We service all of Minnesota and parts of North Dakota and Wisconsin.
What is the eminent domain / condemnation timeline?
We wrote a nifty blog article addressing this question! Check it out here!