Eminent Domain Environmental
services, including right-of-way
environmental studies
Eminent domain as we know it in the United States and Canada is the compulsory sale of private property to a government or quasi-government entity (an agency of the state or county consortium). The acquisition of private property for public purposes, such as roadway right-of-way, is the inherent power that has been given to each state as we inherited from the former monarchy. This process requires the condemning authority to provide the owner of the property due monetary compensation.
The amount of compensation paid to a property owner in an eminent domain case is usually developed by a team of consultants usually under the guidance of an attorney: Property Appraiser, Planner, Engineer, Contractor, CPA, Environmental Consultant, etc.
Why do you need an Environmental Consultant for eminent domain?
The appraiser determines the value of the land based on the likely or imminent highest and best use as defined by appraisal standards. The value is usually calculated on the price per square foot of land and/or buildings.
However, appraisers usually cannot calculate the value of wetlands or unique habitat without the assistance of an environmental consultant who understands the local, state and federal regulations. In the past, appraisers assigned nominal value to wetlands. Environmental due diligence investigations in property acquisition matters can help provide a truer value of what the property may be worth.
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Sample Wetland document used in
Clementi Eminent Domain evaluations
Why Clementi Environmental?
- Clementi Environmental Consulting provides over 25 years’ experience in the evaluation of property that is being considered for condemnation.
- We are so well respected in this field that we provide habitat assessments for eminent domain cases for both the condemning authorities and the private property owner.
- First-hand knowledge in “orders of taking”
- Many times, our evaluations have proven that the project could be built without the subject parcel being taken.
- Work with the eminent domain attorney, appraiser, engineer and planner to determine what would be the most efficient and/or valuable use of the property, including the wetlands in the current “before” condition
- Property evaluations in the “after” condition to determine if the environmental features have been adequately protected for the maximum use and value for the property owner.
- Our evaluations have been extremely valuable to our clients as we recognize the value of wetlands and the damages proposed by the “taking.”
- Complete Eminent Domain Environmental Consulting Services, including Phase 1 ESA site assessments, environmental due diligence, and environmental litigation support.
