Can property lost through eminent domain be repurchased?

On Behalf of | Sep 16, 2021 | Eminent Domain |

Eminent domain can be a confusing area of the law for Ohio residents. Given the fundamental concept of property belonging to the individual until he or she decides to part with it, the idea that the government can simply take someone’s property might sound unusual and unfair. However, it is possible for federal, state or local governments to take property if it is deemed necessary. Still, if the project for which the property was taken is changed or is not moving forward at all, a person who had the property taken might wonder about whether they can get it back.

An owner can repurchase property taken through eminent domain

It is common for projects to undergo changes or to be scrapped completely. If that occurs, the prior owner who might not have wanted to surrender the property in the first place should know the law for repurchasing the appropriated property. Just as the owner received fair market value for its appropriation, it can then be bought for fair market value. Its value might have changed from the time of the previous transaction. There will be an independent appraiser who will gauge its value. The parties must agree to the appraiser. If they do not agree, then the court will select an independent appraiser.

The repurchase cannot be completed in certain circumstances. These are if the owner decides not to repurchase it; the previous owner does not purchase it within 60 days after it was offered; an urban renewal project is authorized and it includes that property; the agency that appropriated it transfers it to another individual or agency; five years have elapsed since appropriation; or the property was designated as a blighted parcel – meaning, among other things, that it is dilapidated, unsafe, vermin infested and more.

In an eminent domain case, having help may be crucial

Since people who are subject to eminent domain must receive just compensation at fair market value, they will not walk away with nothing. If that individual decides to repurchase the home if it comes available, they can do so under the above circumstances. This aspect of the law can seem complicated and it is useful to have assistance when addressing it. Consulting with those experienced in this area of the law may be beneficial.