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CONDEMNATION FAQ'S What is the difference between Condemnation and Eminent Domain? “Eminent domain” is the power of the government to take private property, while “condemnation” is the procedural process of confiscation of private property for a public use. In common use, the term “condemnation” is interchangeable with the term “eminent domain”. In short, condemnation is the act of confiscating a private property for a public use and is legally permissible through the power of eminent domain, so long as the government provides payment of just compensation to the owner for the private land being seized. What is a condemning authority? A condemning authority (also called a “condemnor”) is an entity or agency that is granted the power of eminent domain. The United States Constitution forbids the taking of private property without first paying just compensation. Here in Wisconsin, municipalities and state agencies, like the Wisconsin Department of Transportation have the power to condemn. There are specific statutes that govern takings by these entities. Can I stop the government from taking my property by the use of its eminent domain powers? Generally, the eminent domain process can be stopped if the proposed taking does not meet the requirements for public necessity or public purpose. Generally, if these tests are met, the government cannot be stopped from taking your property. However, the government cannot dictate to you what the price of your property is worth. Because the government cannot take private property without a finding of a public purpose, every citizen has a right to contest a condemnation. In most cases, the issue for determination is the amount of just compensation to be paid. What penalties are assessed against me if I force the government to condemn my property rather than voluntarily selling it to them? None. By forcing condemnation, the property owner is simply exercising all the constitutional and statutory rights that the law allows. It is the only way for the owner to receive the full value for their property if the government refuses to voluntarily pay that amount. Since the government is required to pay me fair market value for my property, shouldn’t I just accept the offer given me? No, not necessarily. Fair market value may vary dramatically in part depending upon the highest and best use that is selected for the property. Sometimes, this justifies the government offering to pay a low “fair” market value for land it seeks to acquire. How does government arrive at a property value? The government is supposed to do an appraisal in order to develop an offer on your property. Can a property owner obtain his/her own appraisal? You are entitled to a second opinion by your own appraiser. The government is required to pay the “reasonable costs” of a second appraisal. To make the government pay for the second appraisal, you have to submit a copy of your appraisal within 60 days of when you receive the government’s appraisal.