Can I keep the pro tanto payment and also file a lawsuit?
Yes. If an owner accepts a taking authority’s offer of just compensation as a payment pro tanto, then the owner maintains the right to file a lawsuit against the taking authority within three (3) years of the date that the taking order is recorded in the registry of deeds. The taking authority will generally require an owner whose property is taken to sign a receipt acknowledging that he has received the pro tanto payment, and this is called a pro tanto receipt. Therefore, if you do not believe you have been fairly compensated for the taking, make sure you consult an attorney specializing in eminent domain prior to signing anything, so that you do not waive any rights to bring a lawsuit to obtain the property’s fair market value.
