By C. Scott Schwefel
When the State of Connecticut or local municipalities seek to acquire private property for major public projects—such as highway expansions, public transit developments, or infrastructure improvements—property owners may face the legal process known as condemnation. Residential properties, vacant land, and commercial real estate throughout Connecticut are at risk under Connecticut eminent domain laws, particularly through actions initiated by agencies like the Connecticut Department of Transportation (CTDOT).
Even if a property owner wishes to retain their property, state and municipal agencies have the authority, under the Connecticut General Statutes, to commence eminent domain proceedings. In these cases, the government can compel the transfer of private property rights, even over the owner’s objections. However, Connecticut law requires the payment of just compensation, typically defined as the property’s fair market value at the time of the taking.
Recent shifts in the Connecticut real estate market have made it increasingly difficult for property owners to secure fair compensation when facing condemnation.
Real Estate Market Changes Impact Fair Compensation in Connecticut
Over the past several years, property values throughout Connecticut—including Fairfield County, New Haven County, and shoreline communities—have risen significantly. Single-family homes have seen notable appreciation, and the value of commercial and agricultural properties has also increased. Analysts show that many Connecticut homeowners have gained substantial equity due to strong market growth.
However, with the Federal Reserve implementing multiple interest rate hikes to curb inflation, Connecticut’s real estate market is showing signs of cooling. This volatility presents serious challenges during the Connecticut condemnation process, as appraisals conducted by the condemning authorities may not reflect the peak market values that owners recently experienced. In times of rapid market correction, government valuations may fall short of what a willing buyer would otherwise pay, resulting in financial losses for property owners facing eminent domain actions.
How to Protect Your Rights During the Connecticut Condemnation Process
If you are facing a condemnation action in Connecticut and disagree with the compensation offered, you have legal rights to challenge the valuation. Under the Connecticut General Statutes, property owners can file an application for assessment of damages in Superior Court to contest the amount offered as just compensation.
Successfully navigating a condemnation dispute requires strong legal representation and independent appraisal support. A qualified eminent domain attorney can help property owners:
- Obtain independent real estate appraisals
- Challenge low government valuations
- Advocate for full, fair compensation in court proceedings
- Navigate complex Connecticut eminent domain procedures
Working with professionals experienced in Connecticut eminent domain law can dramatically increase your chances of securing the compensation you deserve.
If you are dealing with a potential eminent domain action in Connecticut, do not hesitate to seek legal advice early. Protecting your property rights starts with knowing your options and taking informed action.
For information regarding condemnation/eminent domain proceedings, please contact Scott Schwefel at (860) 606-1712 or scott@shipmanlawct.com