Eminent domain involves the government’s authority to acquire private property for public use. When this occurs, property owners may not be able to stop the acquisition. However, they do have a right to fair compensation.
Understanding the appraisal requirements in Minnesota can allow property owners to ensure an equitable resolution.
Appraisal rules
If the government wishes to obtain property under eminent domain and it has a value of over $25,000, it must get an appraisal. The law requires at least one appraisal to determine the fair market value of the property. The fair market value represents the price that a willing buyer and a willing seller would agree upon in an open and competitive market.
The appraiser must meet with the owner or owners of the property as part of creating the final valuation. He or she must also gather information about the property’s characteristics, analyze market trends and apply standardized methods to arrive at a fair and accurate valuation.
Owner rights
In Minnesota, the eminent domain appraisal process requires transparency and fairness. Property owners must receive the appraisal at least 60 days before the eminent domain petition filing. Property owners also have the right to obtain their own appraisal to challenge the government’s valuation. They also may receive reimbursement from the state for the cost of securing their own appraisal.
Navigating the appraisal requirements in Minnesota’s eminent domain process is a significant aspect of property ownership. By understanding the process, property owners can actively participate, which leads to a more just and balanced resolution in eminent domain situations.