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The Government Wants to Condemn My Property. What Do I Do Now?

Posted August 25, 2026 at 7:12 AM

Eminent Domain and Condemnation, Litigation, News & Events

In Maryland, the government and utility companies can use the power of “eminent domain” to acquire private property for public projects like roadway improvements, electrical transmission lines, and public transit facilities. You may first learn about a project from a newspaper article, mailing, or talking to a neighbor.

Often, property owners are completely unaware of a project until they are presented with an offer by the government or utility company to purchase some or all of their property. And the offer may come with a deadline to respond. This can make the condemnation process seem particularly daunting and cause some panic.

How MM&C Eminent Domain Attorneys Can Help
Our eminent domain attorneys regularly receive calls from property owners who have received a government offer for their home or business. They want to understand their options. They want clarity about the process. And they want to be confident that if they accept an offer that they are fairly compensated for what is being taken.

Once a project is designed and funded, there are limited options to prevent the project or stop a “taking” of the property. The government’s profound power to condemn property is primarily tempered by its reciprocal obligation to pay “just compensation” for what it takes.

The acquiring authority will have an appraiser value your property and opine how much you should be paid. But the appraisal of real property is a complicated, fact-intensive endeavor and the government’s valuation often overlooks important aspects of the property.

When considering an offer, landowners should consult an attorney experienced in handling eminent domain matters to be sure that the compensation package covers the maximum available, legally compensable damages. There is no need to accept the initial offer. You may negotiate. If you and the condemning authority are unable to agree, ultimately a jury will determine the amount you are entitled to receive after a trial.

Landowners frequently can sense when an offer is too low. The challenge – and where an eminent domain attorney can be particularly helpful – is pinpointing the source of the undervaluation, articulating precisely how the government’s appraiser got it wrong, and effectively advocating for a more appropriate, legally justified compensation package, whether in negotiations, legal motions, or during trial. This might involve hiring experts of your own, like an appraiser, land planner, or engineer.

The process from the initial offer letter to the ultimate payment of just compensation can be time intensive, but it need not be nerve-wracking.

Ben Schneider is an attorney at Miller, Miller & Canby in Rockville and represents Maryland landowners impacted by condemnation claims. He has helped numerous clients achieve fair compensation in negotiated settlements and at trial. Miller, Miller & Canby’s experienced eminent domain lawyers will review the offer free of charge and advise you whether the offer is fair and reasonable. To learn more about the rights of property owners in Maryland, contact Ben Schneider at 301-762-5212 or bmschneider@mmcanby.com. To learn more about MM&C’s Eminent Domain practice, click here.

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