Special Purpose Properties
Special purpose properties are uniquely affected by eminent domain and condemnation. For this reason, these property owners need a team of experts who are experienced with the ramifications they face from this process. We provide representation to a wide variety of organizations that qualify as special use, and help protect their property rights and ensure they receive maximum compensation when the government or another entity takes their property through eminent domain law.
Designation as Special Use
A special use property is one that cannot be used for other purposes. It is not a traditional commercial, retail or industrial property. Some examples of special use would be a church, cemetery, sports fields, RV sites, parks and crematories. Even certain living facilities may be classified as special use.
The term varies by municipality, so one such property in a county or state may not be designated special use in another county or state. It may be designated as such due to the use or because of the materials used in construction or from other features.
Special Use Properties and Eminent Domain Law
Special use properties are not protected from eminent domain. If the government determines that a public use project needs access to this property, it can use eminent domain power to take the property. Unfortunately for the property owner, they often incur issues that are unique to their situation.
While being special use means the property is not suited for other purposes, it also means there is a limited market for this type of organization. It can make the property quite valuable for those who are in the market for this specific design, but it can also limit the ability to find buyers, which can bring the price down.
It may require a special appraiser to determine the value of a special use property. They would need to have experience with appraising special use properties of the specific type. They may also be limited in comparison properties which help establish value.
Another problem for these organizations is relocation costs. They may have as much difficulty finding another property that is suited to their needs. In some cases, this will mean buying land and building it to suit them. With eminent domain cases, there is often a limited timeline for the property owner to be removed.
Your Rights as Special Use Property Owners
We work with you to determine the costs and damages incurred by you as a result of eminent domain. We understand that you have the cost of moving and the work of finding a property suitable to your unique needs. You may also have difficulty finding a customer base at your new location since many of these special use properties are designed to appeal to local residents.
Because we understand the complex nature of special use properties and the diverse issues they face when forced to move by eminent domain power, we can work on your behalf to fight the condemnation. If that fails, we will continue to work to ensure you receive the maximum compensation for all of your damages. Call us today to find out how we can help you fight this battle.