What is the difference between a voluntary sale and a forced sale?

The difference between a voluntary sale and a forced sale under Eminent Domain law in Maryland is based on the agreement of the parties involved. In a voluntary sale, both the buyer and the seller agree to the proposed sale, and the property will be transferred from the seller to the buyer. The parties involved may agree to a price and negotiate other conditions of the sale. In a forced sale, the sale is initiated by the government using its powers of Eminent Domain law. In this case, the government has the right to condemn the property and acquire it from the owner. The government will pay the owner ‘just compensation’ for the property, which is a sum of money set by a court of law, often based on the assessed property value. In a forced sale, the owner has no option but to accept the offer from the government, even if they disagree with it. The government has the authority to bypass the agreement of the parties, and simply take the property if necessary.

Related FAQs

How long does the eminent domain process take?
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Are there any defenses against an eminent domain action?
How do I know if my property qualifies for eminent domain?
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Are there any restrictions on the amount of time allotted for a taking?
How are the eminent domain laws different in each state?

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