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?
No. Fair market value may vary dramatically depending upon the highest and best use that is selected for the property. The government will frequently, if not usually, choose a lesser highest and best use for a property it seeks to acquire through eminent domain. This justifies the government offering to pay a low “fair” market value for land it seeks to acquire. Property owners should insure the correct highest and best use is applied to their property. This may often be different from the actual use employed by the current owner. Should I receive extra compensation if the government’s eminent domain acquisition causes my remaining property to become nonconforming with zoning ordinances, e.g. set back requirements, lot coverage ratios, parking requirements, etc.? Absolutely. These circumstances are examples of severance that require compensation beyond the value of the property actually taken through eminent domain. Owners should beware, though, because, while the government may recogn
