How can I resist the condemnation of my property?

In order to resist the condemnation of your property, you will need to argue your case at a hearing and present convincing evidence. There are two different grounds on which you can resist the condemnation. First, you can argue that the taking of your property is not necessary. Second, you can argue that the monetary offer that was made to you is not "just compensation" for the property. In either case, you will need to have clear evidence to support your claim that your property should not be condemned, and to get the court to agree with you. 

Understanding Condemnation Law

Condemnation occurs when the government takes your property under their right of eminent domain. The government must take it for the public good: perhaps to build a school, park, road, or multi-family affordable housing. While the government does have a right to take the property - even if you object - the government cannot just take your property without paying you for it. As such, the government is required to give you "just compensation." Just compensation is determined by appraisers who look at what the property would be worth on an open market if sold for the most profitable use. In other words, if you are currently using your home as a residential home, but it could be turned into something more profitable, the appraisers need to look at the property as if it were being used for the "best" and most profitable use. 

If you wish to resist and argue either that the property does not need to be taken for the public good, or that the compensation is unjust, the key to winning your case will be having the right evidence. Testimony from a series of professional appraisers will likely be required.

When you do resist condemnation, you run the risk of getting less compensation than you were originally offered. You also run the risk of getting stuck with legal fees, as the government only has to pay those legal fees if you win your case. Hiring a lawyer is essential if you want to have the best chance of winning. A lawyer can also tell you whether you have a good case for resisting in the first place.