What happens if I resist condemnation?

If you choose to resist condemnation, this can be the beginning of a lengthy legal process. Generally, when you contest condemnation, the condemning agency is first required to deposit with court what it considers to be the probable just compensation. A hearing will then be held to determine the appropriate course of action. The precise nature of the court proceedings that occur will vary depending upon whether you are contesting the condemnation itself, the amount of the offer for just compensation, or both.

Resisting Condemnation

Condemnation occurs when the government wants to take your property by eminent domain. Normally, this happens because the local government wants to knock the property down for some reason, such as in order to make way for a road project or other improvement that has been deemed to be in the best interests of the community. Although it may be better for everyone for your home to be condemned (everyone but you, that is), the government can't just take your property.

The Fifth Amendment to the Constitution mandates that they provide you with "just compensation" based on the fair market value of the home if they are going to seize the property. However, if the government makes you a fair offer and provides you with just compensation, you usually are going to have to take it and move out. 

If you choose to resist condemnation proceedings, a number of problems can arise. 

• One potential problem with resisting condemnation is that you will have a hearing that can result in your property being bought or taken for less money than you were initially offered. If the court believes the fair market value is lower than you were offered to move out, the just compensation can be set at this lower fair market value.
• Other potential problems that can result from resisting condemnation include civil and criminal penalties for failure to obey the legal condemnation order.  

Getting Help

If you plan to resist condemnation, you will definitely want to speak with a legal professional regarding your decision to ignore or resist a condemnation order.