Just Compensation Demand

DEMAND FOR JUST COMPENSATION

PROPERTY OWNER INFORMATION

Property Owner(s): [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

CONDEMNING AUTHORITY INFORMATION

Condemning Authority: [________________________________]

Project Name/Number: [________________________________]

Contact Person: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

PROPERTY INFORMATION

Property Address: [________________________________]

Parcel Number(s): [________________________________]

Legal Description: See Exhibit A attached hereto

Type of Taking: ☐ Total Taking / ☐ Partial Taking

Case Number (if filed): [________________________________]

DATE OF DEMAND

Date: [__/__/____]

I. STATEMENT OF CLAIM

The undersigned property owner(s) ("Owner") hereby makes formal demand for just compensation pursuant to the Fifth Amendment to the United States Constitution and applicable state law for the taking of Owner's property by [________________________________] ("Condemnor") for the [________________________________] project.

The Owner demands just compensation in the total amount of:

$[________________________________]

This demand is based upon the following components of value and damage as detailed below.

II. PROPERTY DESCRIPTION AND CHARACTERISTICS

A. Subject Property Overview

B. Property Taking Details

C. Property Improvements

☐ Residential structure(s): [________________________________]
☐ Commercial building(s): [________________________________]
☐ Agricultural improvements: [________________________________]
☐ Landscaping/hardscape: [________________________________]
☐ Utilities/infrastructure: [________________________________]
☐ Other: [________________________________]

III. JUST COMPENSATION CALCULATION

A. FAIR MARKET VALUE OF PROPERTY TAKEN

The Fifth Amendment guarantees "just compensation," which courts have interpreted to mean the fair market value of the property at the time of taking. Fair market value is defined as the price that a willing buyer would pay a willing seller, neither being under compulsion and both having reasonable knowledge of relevant facts.

1. Land Value

2. Improvements Value

3. Total Value of Property Taken

B. SEVERANCE DAMAGES (Partial Takings Only)

Where only a portion of a property is taken, the owner is entitled to severance damages—the diminution in value of the remaining property caused by the taking and the use to which the taken property will be put.

1. Before and After Analysis

2. Components of Severance Damages

☐ Loss of Access
Description: [________________________________]
Damage Amount: $[____________]

☐ Loss of Visibility/Frontage
Description: [________________________________]
Damage Amount: $[____________]

☐ Loss of Parking
Description: [________________________________]
Damage Amount: $[____________]

☐ Irregular Remainder Configuration
Description: [________________________________]
Damage Amount: $[____________]

☐ Proximity Damages
Description: [________________________________]
Damage Amount: $[____________]

☐ Loss of Highest and Best Use
Description: [________________________________]
Damage Amount: $[____________]

☐ Other Severance Damages
Description: [________________________________]
Damage Amount: $[____________]

TOTAL SEVERANCE DAMAGES: $[____________]

C. COST TO CURE (if applicable)

In some cases, damages to the remainder can be reduced through curative measures. The owner is entitled to the reasonable cost to cure or minimize severance damages.

D. BUSINESS DAMAGES / LOSS OF GOODWILL (where permitted by law)

Note: Business damages and loss of goodwill are compensable in some but not all jurisdictions. Check applicable state law.

☐ This claim includes business damages/loss of goodwill

E. TEMPORARY CONSTRUCTION EASEMENT DAMAGES

If the Condemnor requires a temporary construction easement, Owner is entitled to compensation for the temporary use and any damages caused.

F. FIXTURES AND PERSONAL PROPERTY

IV. SUMMARY OF JUST COMPENSATION DEMAND

V. INTEREST

Owner demands interest on just compensation from the date of taking to the date of payment at the applicable statutory rate of [____]% per annum.

Date of Taking: [__/__/____]

VI. RELOCATION BENEFITS

In addition to just compensation, Owner demands all relocation benefits and assistance required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. § 4601 et seq.) and applicable state law, including:

☐ Moving and related expenses
☐ Replacement housing payments
☐ Relocation advisory services
☐ Other statutory benefits

Separate claim for relocation benefits to follow or attached.

VII. SUPPORTING DOCUMENTATION

The following documentation supports this demand:

☐ Appraisal report by [________________________________], dated [__/__/____]
☐ Property survey
☐ Tax assessment records
☐ Comparable sales data
☐ Income and expense statements (for income-producing property)
☐ Business financial records
☐ Photographs of property
☐ Engineering/site plans
☐ Other: [________________________________]

VIII. RESERVATION OF RIGHTS

Owner reserves all rights to:

1. Amend or supplement this demand based on additional information or appraisal
2. Challenge the Condemnor's authority to condemn
3. Challenge the necessity of the taking
4. Challenge the public use determination
5. Demand a jury trial on just compensation
6. Recover attorney's fees and costs as permitted by law
7. Assert any and all other claims and defenses available under law

IX. RESPONSE REQUESTED

Owner requests that Condemnor respond to this demand in writing within [____] days of receipt. If Condemnor disputes this demand, Owner requests:

1. A written explanation of the basis for any disagreement
2. A copy of Condemnor's appraisal report
3. An opportunity for good faith negotiation before litigation

X. OWNER CERTIFICATION

I/We, the undersigned, certify that:

1. I am/We are the owner(s) of the subject property or authorized representative(s)
2. The information provided in this demand is true and correct to the best of my/our knowledge
3. This demand is made in good faith based on available information and professional appraisal

Owner Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Owner Signature (if multiple): [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

XI. ATTORNEY INFORMATION (if represented)

Attorney Name: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

State Bar No.: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

EXHIBIT A - LEGAL DESCRIPTION

[________________________________]

[________________________________]

[________________________________]

EXHIBIT B - APPRAISAL SUMMARY

(Attach appraisal summary or full report)

EXHIBIT C - SUPPORTING PHOTOGRAPHS

(Attach photographs documenting property condition and improvements)

STATE-SPECIFIC CONSIDERATIONS

California

Cal. Code Civ. Proc. § 1263.310 et seq. governs compensation. Business goodwill compensable under § 1263.510.

Texas

Tex. Prop. Code § 21.042 governs compensation. Special commissioners determine compensation initially.

Florida

Fla. Stat. § 73.071 governs the jury award of compensation and severance damages. Business damages recoverable at trial are codified at § 73.071(3)(b) (established business requirement). Pre-suit business-damages claims must be submitted within 180 days under § 73.015, or the claim may be stricken.

New York

Em. Dom. Proc. Law § 701 et seq. governs compensation. Consequential damages recoverable.

CHECKLIST FOR DEMAND

☐ Obtained professional appraisal
☐ Documented all improvements
☐ Calculated severance damages (if partial taking)
☐ Determined business damages (if applicable)
☐ Reviewed Condemnor's offer
☐ Gathered supporting documentation
☐ Sent demand via certified mail
☐ Retained copy for records
☐ Calendared response deadline

This template is provided for educational and informational purposes only. Just compensation claims involve complex valuation issues that vary by jurisdiction. Consult with a qualified attorney and appraiser licensed in your state.