Frequently Asked Questions: Property Acquisition

ACQUISITION / APPRAISAL REVIEW

Q. How is the value of my property determined?

A. Your property will be appraised by a qualified appraiser employed by the State or an outside fee appraiser, who are certified appraisers with special training in this field. If you disagree with the State’s offer and feel there are aspects, which warrant further consideration, your case will be reviewed in light of any additional information you may choose to provide.

Q. How do I know if the offer to acquire my property is fair?

A. The Department of Transportation typically retains independent fee appraisers who must make an in-depth appraisal and analysis of your property and the affects of the taking and construction on your remainder property. The Department will make an offer that is not less than the amount of the approved appraisal and will provide you with a written statement of and summary of the basis of the offer. The statement will include an allocation of value for the part taken and report the amount of damages if applicable. You are entitled to seek your own appraisal or an opinion from an outside professional to alleviate any concern about the fairness of the State’s offer.

Q. What if my remaining property is damaged?

A. If only a portion of your property is required, the State will make every effort to make sure that you do not suffer financially due to any loss in value of your remaining property. The appraisal and the State’s offer will include compensation for a loss in value to any remaining property as well as the value of the property acquired.

Q. What if the remainder property has little or no use to me?

A. If the Department determines that the remainder property has little or no value or utility to you, the Department will make an additional offer to acquire the remainder property by deed. You are not obligated however to sell that remainder of the property to the State.

Q. How can I get market value for my property when values are declining because of the new road?

A. Any increase or decrease in market value of the real property after the date of the resolution to construct the transportation improvement and caused solely by the public improvement will be disregarded in determining the compensation for the property. Physical depreciation under the control of the property owner is an exception to this procedure.

ACQUISITION / NEGOTIATIONS

Q. How will the state settle with me?

A. After the appraisals have been completed and reviewed, the appraised value must be approved by the State Properties Committee. Once approval is obtained, a State Negotiator will prepare a written offer and will meet with you to discuss in detail the acquisition and its effects to your property. It is the policy of the State to use the “one-offer” system. Under this policy, the amount offered to you is the full amount of the State’s approved value.

If you disagree with the State’s offer and feel there are aspects that warrant further consideration, you should make this information available, together with any evidence supporting your view, at the earliest opportunity. Your case will be reviewed in light of any additional information furnished and you will be notified of the results.

Q. When will I be paid?

A. After you have reached an agreement with the State and have signed the appropriate documents, the State will start processing your payment. Processing time typically takes 3 to 4 weeks. It must be noted however, that no payment can be made until the State has actually recorded the condemnation plat [map & legal description], or deed, in the City or Town land evidence records. It is the State’s policy, if possible to have the payment check available for delivery to you on the day the documents are recorded.

Q. What if I don’t agree with the State’s offer?

A. If you cannot reach a satisfactory agreement with the State, you may accept the State’s check of an amount equivalent to one hundred percent [100%] of the State’s approved offer to you [without prejudice]. You may, within one [1] year after the recording of the condemnation documents [plat and legal description], file a petition in Superior Court requesting a trial for the assessment of damages by the Court.

In cases where the State’s offer may fail to take certain matters into consideration, you can meet with the professional in charge of the Acquisition Unit of the Department of Transportation, or a designee, to settle the matter administratively without the necessity of legal action on your part.

Q. What if I have a mortgage?

A. If there is any outstanding mortgages or liens on your property, the mortgagees or lien holders will have an interest in your settlement. All mortgages and lien holders must sign a release before a payment can be made to you. If your mortgage has a penalty for prepayment, the State will reimburse you for the amount assessed in accordance with the mortgage provisions.

Q. What about real estate taxes?

A. If all, or large portion of your property is to be acquired by the State, real estate taxes will be adjusted at the time of closing in accordance with the custom of the City or Town in which your property is located just as in the case of a private real estate transaction.