Legal costs and timelines, in plain numbers. Not a law firm.
Every figure sourced and dated. Updated 2026-09-02.
Updated 2026-09-02 · 10 sourced figures · 8 named sources · every figure checked against its source at publish
Almost nothing about eminent domain gets covered in plain numbers, and that gap is the whole reason this page exists. The compensation standard itself is simple to state and hard to find stated plainly: owners are constitutionally entitled to fair market value, generally set by comparable sales. When only part of a property is taken, the math changes to value before the taking minus value after.
Sources: Cornell LII Wex 2026; Cranfill Sumner LLP 2026; Superlawyers 2026. Retrieved 2026-09-02.
Every figure this page relies on, with its source and date. This table is the page's receipts.
| Figure | What it measures | Source · retrieved |
|---|---|---|
| fair market value | the just-compensation standard | Cornell LII Wex / Cranfill Sumner LLP 2026, 2026-09-02 |
| value before the taking minus value after | partial-taking calculation | Cranfill Sumner LLP / Superlawyers 2026, 2026-09-02 |
| 30 days | minimum offer-open period (some states) | Spencer Fane 2026 / Missouri Office of the Ombudsman for Property Rights 2026, 2026-09-02 |
| 2 to 3 months | appraisal to written offer | Biersdorf / condemnation-law.com 2026, 2026-09-02 |
| 12 to 18 months | litigated case length | Sever Walker Padgitt / condemnation-law.com 2026, 2026-09-02 |
| 33.33% | common contingency fee | Owners' Counsel of America / condemnation-law.com 2026, 2026-09-02 |
| Michigan (MCL s.213.66) | requires fee-shifting (example) | Ackerman Ackerman & Dnistrian 2026 50-state survey, 2026-09-02 |
| Texas | no fee-shifting (example) | Ackerman Ackerman & Dnistrian 2026 50-state survey, 2026-09-02 |
| $305,960 to $380,414 | one NC project, appraisal vs. settlement, over $100k | AVL Watchdog data via DAS Law Group 2026, 2026-09-02 |
| $28,045 to $37,813 | same project, under $100k | AVL Watchdog data via DAS Law Group 2026, 2026-09-02 |
Sources: Spencer Fane 2026; Missouri Office of the Ombudsman for Property Rights 2026; Biersdorf 2026; AVL Watchdog via DAS Law Group 2026; Sever Walker Padgitt 2026. Retrieved 2026-09-02.
Whether the government pays your legal bill depends entirely on where the property sits. Michigan (MCL s.213.66) requires the condemning agency to reimburse the owner's reasonable attorney fees. Texas is among the states that do not, leaving fee arrangements to the owner and their attorney, which is exactly why the standard contingency structure below exists.
Sources: Ackerman Ackerman & Dnistrian 2026 50-state survey. Retrieved 2026-09-02.
No fee to anyone. Fastest path if the initial offer is close to fair market value and the taking is simple (a full taking of a small, easily comparable property).
Common fee: 33.33% of the amount recovered above the government's initial offer, so no upfront cost, and the fee only applies to money the offer did not already include. Rational for partial takings, business impacts, or when the appraisal looks light against comparable sales.
Sources: Owners' Counsel of America 2026; condemnation-law.com 2026. Retrieved 2026-09-02.
"The government's offer is the final number." It is a starting point; the one tracked project above settled 24 to nearly 35 percent above the initial appraisal once owners negotiated. "Hiring a lawyer costs money out of pocket." Most condemnation attorneys work on contingency, 33.33% of the increase they win, not a flat retainer. "Every state treats attorney fees the same." Michigan (MCL s.213.66) requires fee-shifting; Texas does not.
Sources: AVL Watchdog via DAS Law Group 2026; Owners' Counsel of America 2026; Ackerman Ackerman & Dnistrian 2026. Retrieved 2026-09-02.
How is eminent domain compensation calculated? fair market value, from comparable sales; a partial taking uses value before the taking minus value after. Full detail: how compensation is calculated. Do I have to accept the first offer? No, several states require it to stay open 30 days specifically so you have time to respond. How much does an eminent domain lawyer cost? Typically 33.33% of the amount recovered above the offer; detail in lawyer cost, explained.
The factual triggers: a partial taking with business or access impacts beyond the land itself; an appraisal that looks low against nearby comparable sales; a commercial or income-producing property, where valuation is more contestable; or any case heading toward litigation, where the 12 to 18 months timeline and the rules of evidence favor professional representation.
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How eminent domain compensation is calculated · How much an eminent domain lawyer costs
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