If the governments eminent domain acquisition causes some of my remaining property to be landlocked, am I forced to sell this landlocked parcel to the government in order to obtain its full value?
No. The government can only forcibly acquire property through eminent domain that is needed for its project. Adjoining property that is landlocked can be retained by the owner, but the government must pay for its loss of value. Frequently this is all or nearly all of the property’s full value, however, the government usually offers only a small fraction of the full value. If a government’s eminent domain project leaves me with an access but that access is limited to a residential or agricultural driveway (i.e. less than 20 to 25 feet wide), can I receive additional compensation for this limitation under eminent domain rules? If your property could reasonably be developed in the foreseeable future to a more valuable use than a single residence or agricultural land, then additional compensation must be paid under eminent domain rules.
Related Questions
- XIII Acquisition/Transfer of immovable property in India by Foreign Embassies/Diplomats/Counsel Generals Q.44. Can Foreign Embassies/Diplomats/Counsel General purchase/sell immovable property in India?
- Since the government is required to pay me the fair market value for my property under the eminent domain rules, shouldn I just accept the offer given to me?
- Can I be compensated if the governments eminent domain acquisition disadvantageously effects my business operation?
