Eminent Domain Isn’t Just about Value- Its about Defensibility

Written By Tammy Bucior

“Just determine market value and move on.” In reality, that’s rarely the case. Unlike typical valuation assignments, eminent domain involves:

  • Partial takings (not whole property interests)

  • Easements vs. fee simple rights

  • Before-and-after valuation frameworks

  • Severance damages (or benefits)

  • Legal standards that vary by jurisdiction

For attorneys and developers, the difference between a good and great appraisal often comes down to how well the story is supported:

  • Can the appraiser clearly explain why damages exist (or don’t)?

  • Is the highest and best use analysis aligned with legal standards?

  • Are adjustments and assumptions defensible—not just reasonable?

  • Can the report withstand scrutiny from opposing experts?

Eminent domain valuation isn’t just about calculating a number—it’s about:

✔ Understanding property rights

✔ Applying the correct legal framework

✔ Producing a well-supported, defensible conclusion

Tammy Bucior