Eminent Domain. State Taking Side Yard, Tenants Unhappy

1 Reply


Through eminent domain, the state has taken title to the side yard (within 8') of a residential rental in order to construct a bridge.  The construction is going to be loud and last for several months and within 20 feet of the building.  The tenants aren't happy! 

The state offered a measly $850 for approx 2,000 sq ft of land, which we declined.   Now we have to make our case in court that they should pay more. 

If anybody has experience with how to approach this to get the state to pay a better price, I would appreciate it.

Thanks in Advance!

@William Coet

There are steps you can take during eminent domain proceedings to contest the value of the property. I'm not sure if it is something folks can do on their own without a lawyer. Do you have recent appraisals? Does that appraisal split the value of the land and the improvements? What percentage of the yard space is this condemnation taking? 

You can also contest the validity of the eminent domain itself but condemnation for a public bridge is generally kosher. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

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