Just Compensation Demand - Delaware
DEMAND FOR JUST COMPENSATION — DELAWARE
| Field | Detail |
|---|---|
| Date | [__/__/____] |
| To | [ACQUIRING AGENCY / CONDEMNOR: __________________________________] |
| Address | [________________________________] |
| From | [OWNER OR COUNSEL: __________________________________] |
| Owner address | [________________________________] |
| Property | [ADDRESS AND TAX PARCEL: __________________________________] |
| Project | [________________________________] |
Before you use this: State the value of the interest actually sought and support it with an appraisal or other valuation evidence. Keep transfer expenses and potential litigation expenses separate from the compensation amount so that the demand does not count one loss twice.
Dear [AGENCY CONTACT: __________________________________]:
I represent or am [OWNER NAME], the owner of the property identified above. This letter states the Owner's valuation and requests an offer of just compensation for the interest your agency proposes to acquire. Please identify the public use and the precise property interest sought.
Property and proposed acquisition
| Item | Description |
|---|---|
| Legal description or attached Exhibit A | [________________________________] |
| Interest proposed to be acquired | ☐ Entire property ☐ Part of property ☐ Easement: [____________] ☐ Other: [____________] |
| Area or dimensions of the interest | [________________________________] |
| Remainder, if a partial acquisition | [________________________________] |
| Current use and relevant improvements | [________________________________] |
| Agency's proposed acquisition date | [__/__/____] |
Owner's valuation
Owner's proposed just-compensation amount for the interest sought: $[________________________________].
Valuation date and supporting method: [________________________________]
For a full acquisition, the Owner's valuation of the property interest is $[________________________________]. For a partial acquisition, the Owner's supporting analysis identifies the value of the whole before acquisition as $[________________________________] and the value of the remainder after acquisition as $[________________________________]. The appraiser's explanation of any effect on the remainder, improvements, access, or temporary use is [________________________________]. These are supporting inputs to the single compensation amount above and are not separate additions unless the appraisal supports separate treatment without duplication.
The demand is supported by ☐ attached appraisal dated [__/__/____] by [________________________________] ☐ comparable sales ☐ survey or plans ☐ photographs ☐ other: [________________________________].
Documents and issues for negotiation
Under 29 Del. C. § 9505, please provide the agency's approved appraisal, subject to any applicable appraisal exception in that section, and its written statement and summary of the basis for the amount it believes is just compensation. Please also provide the agency's proposed written offer and identify any damage to the remaining property separately where appropriate.
The Owner reserves the right to dispute the asserted public use. Where § 9501A applies and the property will be owned, occupied, or developed by a private party, § 9501A(d) requires the condemning government to establish the statutory public use by clear and convincing evidence. Sections 9501B and 9501C exclude certain transportation and natural-resources acquisitions from § 9501A.
Expenses incidental to transfer of title, if incurred: [DESCRIPTION AND AMOUNT: __________________________________]. The Owner requests review under 29 Del. C. § 9502 when its payment-or-deposit trigger is met. These expenses are listed separately from the compensation demand above.
If a condemnation case is filed, 10 Del. C. § 6102 places it in Superior Court. Under § 6108, the commissioners determine just compensation after hearing competent and relevant evidence. Section 6111 governs proceeding costs and a conditional offer-of-judgment litigation-expense process; this letter makes no claim to automatic attorney-fee recovery.
If the agency seeks possession under § 6110, the Owner reserves the right to seek payment from the court deposit without giving up the right to prove a different final amount, subject to the section's overpayment rule. The agency's duty to pay the final award is absolute when it takes possession under that section.
Please respond by [__/__/____] with the requested materials and a contact for further negotiation. This is a requested response date, not a statutory deadline. The Owner reserves the right to supplement this valuation as new information becomes available.
Sincerely,
Owner or authorized representative: ________________________________
Printed name and title: [________________________________]
Phone and email: [________________________________]
Date signed: [__/__/____]
Enclosures: ☐ Exhibit A legal description ☐ Appraisal ☐ Plans or survey ☐ Other: [________________]
Official sources
About this template
- Last updated
- October 6, 2026
- Citations checked
- October 6, 2026
- Jurisdiction
- Delaware
- Category
- Eminent Domain
Legal authority
- Del. Const. art. I, § 8 - compensation for a taking
- 10 Del. C. § 6102 - Superior Court condemnation jurisdiction
- 10 Del. C. § 6108 - commissioners and compensation evidence
- 10 Del. C. § 6110 - possession, deposit, and final payment
- 10 Del. C. § 6111 - condemnation costs and conditional litigation expenses
- 29 Del. C. § 9501A - public-use limits
- 29 Del. C. § 9501B - specified transportation exception
- 29 Del. C. § 9501C - specified natural-resources exception
- 29 Del. C. § 9502 - expenses incidental to transfer of title
- 29 Del. C. § 9505 - acquisition and negotiation policies
Eminent domain is when the government takes private property for public use, whether for a highway, pipeline, or utility right of way. Property owners have constitutional rights to receive fair market value, and state laws usually add extra procedural protections like hearings and independent appraisals. Well-drafted responses, objections, and valuation challenges preserve your right to fight the taking, dispute the compensation, or negotiate better terms.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 6, 2026.
Del. Const. art. I, § 8 (checked October 6, 2026): "nor shall any person's property be taken or applied to public use without the consent of the person’s representatives, and without compensation being made."
10 Del. C. § 6102 (checked October 6, 2026): "All condemnation proceedings within the State shall be commenced by filing a complaint as provided in this chapter in the Superior Court in and for the county where the property is located"
10 Del. C. § 6108 (checked October 6, 2026): "At the trial any party may present competent and relevant evidence upon the issue of just compensation and all such evidence shall be given in the presence of the Court and the commissioners."
10 Del. C. § 6110 (checked October 6, 2026): "In any case where possession has been so taken the obligation of the plaintiff to pay the amount ultimately determined as just compensation in the cause shall be absolute. Title shall vest in plaintiff on the date of payment of the final award."
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