Legal costs and timelines, in plain numbers. Not a law firm.
Compensation, in numbers
How Eminent Domain Compensation Is Calculated
Every figure sourced and dated. Updated 2026-09-02.
The constitutional standard is fair market value: what a willing buyer would pay a willing seller, generally proven through comparable sales. For a partial taking, the formula changes to value before the taking minus value after, since a partial taking can also damage the value of what is left behind.
Why the first appraisal is not the last word
Agencies typically appraise the property and make a written offer 2 to 3 months later, but that number is a starting point for negotiation, not a final one. One tracked North Carolina highway project settled properties appraised above $100,000 for $305,960 to $380,414, and properties appraised under $100,000 for $28,045 to $37,813, once owners negotiated. That is one project's data, not a national average, but it shows the gap between an initial appraisal and a negotiated settlement is real and can run into five figures even on modest properties.
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Sources for every figure on this page
fair market value: Cornell LII Wex / Cranfill Sumner LLP 2026: the just-compensation standard, set by comparable sales (published estimate, retrieved 2026-09-02).
value before the taking minus value after: Cranfill Sumner LLP / Superlawyers 2026: the partial-taking (severance-damage) calculation (published estimate, retrieved 2026-09-02).
2 to 3 months: Biersdorf / condemnation-law.com 2026: typical time from the property appraisal visit to a written offer (published estimate, retrieved 2026-09-02).
$305,960 to $380,414: AVL Watchdog data via DAS Law Group 2026: one North Carolina DOT highway project, average appraisal vs. average final settlement on properties appraised above $100,000 (settled 24% above appraisal) (published estimate, retrieved 2026-09-02).
$28,045 to $37,813: AVL Watchdog data via DAS Law Group 2026: same project, properties appraised under $100,000 (settled nearly 35% above appraisal) (published estimate, retrieved 2026-09-02).
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