How can I challenge the amount of compensation I am offered?

If you feel that the amount of compensation offered to you by the government, or other exercising parties, for property taken by eminent domain in Alaska is inadequate, you can challenge the amount. Generally, the first step in challenging the amount of offered compensation is to contact the exercising party that is taking the property. You can make counter-offers, as well as negotiate the amount of compensation that you believe is fair and reasonable for the taken property. Negotiations can be done informally or with the help of a lawyer. In addition, you can file a lawsuit in Alaska’s local court system. This is called a “complaint of condemnation” and is the most common way to challenge the amount of offered compensation. The lawsuit must explain the proposed taking of the property and the perceived inadequacy of the offered compensation. After filing the complaint, a judge will likely preside over a court hearing. This is where you can present evidence, such as appraisals, to demonstrate that the offered amount of compensation is inadequate. Finally, you can take advantage of Alaska’s “quick take” process to challenge the amount of compensation. The quick take process involves the exercising party filing an action in court, and with the court’s approval, the exercising party can immediately take possession of the property. However, the amount of compensation due to the property owner is still subject to challenge. In summary, if you feel that the amount of compensation offered to you is inadequate for property taken by eminent domain in Alaska, there are three approaches you can take: negotiating with the exercising party, filing a lawsuit, or utilizing the quick take process.

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How can I challenge the amount of compensation I am offered?

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