Eminent Domain

Eminent Domain is the right of the government to take private property for public use. Condemnation is the enforcement of this right.

When this happens, the owner has the right to just compensation, and, under some circumstances, has the right to additional compensation for damages related to the taking. Sometimes the entire property is acquired, but often only a portion or only certain rights are acquired. Whether the client is the acquiring agency or the property owner, the report needs to be prepared by an appraiser who knows the procedures and appraisal requirements in the context of a condemnation action. It is critical that the appraiser is able to understand the nuances involved in a partial taking, and in analyzing damages and benefits that may apply to the remainder property. In addition, the appraiser often has to justify, support and defend the report in a courtroom setting. John Ashworth has extensive experience in preparing appraisal reports for legal matters, as well as testifying in court.

Under the California Code of Civil Procedures, property owners in most cases are allowed reimbursement of appraisal costs up to $5,000 in obtaining an appraisal in an eminent domain action.

Whether a property owner or an agency, contact Ashworth Appraisal Services to discuss your appraisal needs for full or partial acquisition via eminent domain.

I have used John a couple of times now and he has always delivered a quality appraisal on time. Next time I need appraisal work completed he is on the list to call.

Matt McClure
Public Services Manager, City of Rocklin

John T. Ashworth, MAI, SRA

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