CREConsulting
Business and Real Estate Services
Eminent Domain and Right of Way
Our consultants counsel commercial and residential property owners in eminent domain and property valuation matters. We also represent governmental agencies and quasi-governmental entities in the acquisitions through eminent domain.
We are experienced in all aspects of eminent domain proceedings, from pre-condemnation planning and evaluation through to any necessary litigation. Our team’s experience and resources in land use, environmental and governmental regulatory matters allow us to serve our client’s needs throughout the process.
Eminent domain often involves compensation for a taking of real property and damage to a business, damage to the residual, damage to or sterilization of minerals, impaired access, and other intricate issues. We are experienced in the intricacies of such valuation and damages issues. In addition to our internal resources, we work with expert consultants, such as accountants, engineers, surveyors, environmental analysts and other professionals in support of our client’s case.
We assist clients in resolving eminent domain matters through negotiated settlements, including changes to a proposed taking that may mitigate negative impacts on the parties involved.
Management
This is the process of monitoring all aspects of the acquisition process to ensure compliance with all federal and state regulations. Knowledge of and ability to effectively coordinate all phases and disciplines of the right of way acquisition process is required. We have a thorough working knowledge of 23 and 49 CFR, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its amendments (the Uniform Act), and the INDOT’s Policy and Procedures Right of Way Manuals dealing with all disciplines of right of way acquisition.
Further, we clearly demonstrate past experience in managing complex projects that involve multiple complicated tasks and
must show experience as a supervisor and/or manager of a job involving workload identification, assignment of tasks, scheduling performance and monitoring progress of multiple and/or complex real estate parcels.
We are INDOT Prequalified in 12.1
Appraising
The term appraisal means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information
Our firm is familiar with the Department of Transportation, FHWA’s Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally-Assisted Programs Final Rule; 49 CFR Part 24.102 and 24.103; the Uniform Standards for Professional Appraisal Practice (USPAP); and the INDOT Appraisal Manual.
Further, we have the ability to read and understand complex right of way and construction plans and demonstrate appraisal related experience related to the eminent domain process.
Our firm also has experience in providing expert appraisal testimony in eminent domain cases.
We are INDOT Prequalified in 12.3 and 12.4
Acquisition
Negotiation is the process of acquiring property rights from owners for the expansion and rehabilitation of the state’s highway system. This process of acquisition includes effectively communicating and offering to the owner, in writing, fair and reasonable compensation in
compliance with the Uniform Act, Indiana law and INDOT procedures.
Our firm demonstrates familiarity with Indiana Code 32-24-1, INDOT’s acquisition policies and procedures, highway construction and right of way plans, titles and appraisals.
We are able to explain the project, the taking, the impact of the taking to the residue, the acquisition process, the offer, and negotiate in an honest and competent manner with the property owner(s). Further, we document all contacts with the owner and treat all property owners fairly with respect and dignity
We are INDOT Prequalified in 12.6