Can I Recover Expenses During Eminent Domain Proceedings?

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“It came to my attention that my village had taken some of my property. When I asked about it they said if you don’t agree get a survey (to demonstrate that it was my property) at my expense. Flash forward to today and the village has Eminent Domain proceedings against the property they took (as it was my property). My question is will I be able to recover the cost of the survey ($1600) during the course of these proceedings?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

That’s a good question, but unfortunately one not easily answered. What counts as recoverable costs varies widely from state to state, and eminent domain proceedings are usually governed by special rules even within a state (i.e., I’d have to look it up even if it were in the state where I practice).

Your best bet is to consult with a local property litigation attorney.



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Author: House Attorney

A house attorney has answered this question.

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