If you believe that the condemning agency’s deposit of probable compensation is too low, the property owner may apply to the court for an order requiring an increase in the amount of the deposit. Only upon a very strong showing that the deposit is much too low will the court grant such a request for an increase in the deposit. Generally, the property owner’s remedy will be to litigate the amount of compensation at trial or try to settle the amount of compensation before trial.

Again, asserting a claim for greater compensation in the eminent domain action often results in the owner obtaining higher compensation than that offered by the condemning agency. Experienced eminent domain counsel should be contacted to discuss your specific case. Usually, your case can be handled on a contingency based on a percentage of the amount the attorney obtains over and above the amount the condemning agency’s offer. In other words, the property owner owes the attorney no fee (other than reimbursement of out-of-pocket costs) unless the attorney obtains more than the amount of the condemning agency’s offer.

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