Question: Can I be removed from my house through eminent domain or condemnation.

Answer: Yes, but the State must follow certain rules. The Uniform Relocation Act provides that landowners cannot be required to move permanently until: (1) at least one comparable replacement dwelling has been made available and the landowner has been informed of its location; (2) sufficient time has been provided to negotiate and enter into a purchase agreement or lease for replacement housing; (3) assurance has been provided of receiving relocation assistance and acquisition compensation to which the landowner is entitled; and (4) at least ninety (90) days advance written notice has been provided before being required to move.

Question: If I am moved from my property by eminent domain are there any relocation benefits that I am entitled to?

Answer: The Uniform Relocation Assistance and Real Property Acquisition Policy Act (Uniform Relocation Act) was drafted in order to provide certain benefits and protections for persons displaced by highway projects which are entirely or partially funded by the Federal Government and the Department of Transportation.  Under the Uniform Relocation Act, individuals, business owners, and residential owners who are displaced because of a project are provided payments and services to assist them in moving.

Question: What type of relocation payments or reimbursements are available?

Answer: Landowners who are displaced by eminent domain are entitled to certain reimbursement and payments not to exceed a total of $22,500 unless special circumstances exist.  These reimbursement and payments vary depending on the type expense.  The following is a list of those items that most landowners should be aware of when talking to the State about relocation payments and benefits.

1)  Relocation expense money can be used to pay the costs associated with moving the landowner.

2) In some instances a landowner may be entitled to a Price Differential Entitlement   If a comparable replacement dwelling costs more than the value of the landowner’s current dwelling, the landowner may be entitled to a payment of the difference.

3) A landowner could be entitled to an Increased Interest Payment.   In this situation, the displaced landowner may be reimbursed for increased costs when the replacement mortgage bears a higher interest rate than the displaced landowner’s previous mortgage.

4) Landowners are further entitled to Incidental Expenses.  This payment is made for the reimbursement of costs incurred incidental to the purchase of a replacement dwelling.  Examples include:  title searches, legal fees, credit reports, title insurance, preparing of conveyance instruments, and moving fees.

Keep in mind, these amounts should be added on top of the State’s offer and there may be additional payments not covered in this article that landowner’s are entitled to. Relocation benefits can change substantially if you are dealing with business property.

If you have a question about relocation benefits, or eminent domain/condemnation in general please feel free to contact us for a free consultation at 1-888-318-3761 or on the web at www.severstorey.com

Author Phil Sever
Posted in Eminent Domain & Condemnation
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