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ARTICLE · 01 JUNE 2023

A Changing Landscape: How New State Legislation May Affect Eminent Domain Valuation

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In a recent article for Valuation magazine, "A Changing Landscape: How new state legislation may affect eminent domain valuation," we examine how new and changed legislation...

United StatesLitigation, Mediation & Arbitration
Bradford B. Kuhn
Bradford B. Kuhn
Jillian Friess Leivas
Jillian Friess Leivas
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Eminent domain proceedings are governed by special constitutional and statutory rules that involve specific pre-filing requirements (appraisals, offers, negotiations) and multiple additional obligations, including those for valuation. Appraisers are involved in condemnation proceedings from the very beginning — from the pre-condemnation appraisal supporting an initial offer and deposit through trial appraisals and court testimony — and just as the attorneys work within a specific set of rules during an eminent domain action, so do appraisers.

New and changed legislation can affect the role appraisers play in eminent domain actions as well as how condemnation valuations are governed. These laws are often enacted with little fanfare, but their effect on eminent domain valuations may be substantial. Attorneys and appraisers need to understand whether specific legislation has modified what is compensable or whether it has changed definitions, valuation methods or imposed

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