What Happens If the Government Offers Less Than Fair Market Value?

When the government decides to take your land for a public project such as a new highway, utility line, or facility, they’re required by law to pay you “just compensation.” In theory, that means fair market value for the property they take. In reality, many landowners in Western North Carolina open that first letter and realize the government’s offer feels anything but fair.

At Fisher Stark, P.A., we regularly hear from clients who feel trapped after receiving what’s known as an eminent domain lowball offer. This is an offer that undervalues their land, ignores its highest use, or overlooks the damage to what remains.
If you’re in that position, you’re not powerless. You have rights, and you have options.

Why the First Offer Is Rarely Fair

When a public agency or utility begins the condemnation process, they often hirean appraiser to estimate your property’s value. That appraisal often becomes the basis for their “offer.”

But those government appraisals are usually designed to serve one goal — to move the project forward at the lowest possible cost.
They often undervalue property by:

• Failing to consider the property’s potential or “highest and best use.”
• Ignoring access issues, zoning restrictions, or how a partial taking affects the rest of the parcel.
• Using outdated or incomplete comparable sales.
• Overlooking business losses, relocation expenses, or environmental impacts.

In other words, the government’s first number often represents the minimum they believe they can justify, not what your property is truly worth.

What You Can Do About a Lowball Offer

The biggest mistake a landowner can make is assuming the government’s offer is final. It isn’t. You have every right to challenge it.

If you receive an eminent domain lowball offer, take these steps before you sign or agree to anything:

First, don’t panic and don’t rush. The condemnation process takes time, and you are entitled to review the government’s appraisal before making a decision. Every letter, map, or report you receive is part of your case. Keep copies of everything.

Next, contact an experienced condemnation attorney as soon as possible. At Fisher Stark, we start by analyzing whether the taking itself is lawful and whether the government followed proper procedures. Then we work with independent appraisers, engineers, and land-use experts to determine your property’s true value.

With this information, we negotiate aggressively on your behalf. Many cases settle once the government realizes you have solid evidence and experienced representation. But if they refuse to offer what’s fair, we’re fully prepared to take your case to court.

How “Fair Market Value” Should Be Calculated

Under North Carolina law, “just compensation” includes more than the price of the land taken. It also includes damages to the remainder of your property, the parts you still own after the taking.

For example, if a new road cuts off your driveway, changes the grade of your land, or reduces access to your business, those impacts reduce your property’s value. A fair offer should account for:

• The value of the land and improvements taken
• Diminished access or usability of what remains
• Relocation costs
• Long-term changes to zoning or environmental use

The government’s first appraisal often misses or downplays these elements, which is why independent analysis is so crucial.

Why You Shouldn’t Face the Government Alone

The agencies and utility companies handling condemnation have teams of lawyers and appraisers working for them. Their job is to keep project costs down not to protect your rights.

Without skilled representation, landowners can unknowingly waive important rights or accept an undervalued offer. Once you sign a settlement agreement, you typically can’t reopen the case later, even if you discover the property was worth far more.

That’s why having an attorney who understands North Carolina eminent domain law is so important. At Fisher Stark, we know how to identify flaws in government appraisals, challenge improper procedures, and push back when you’re being treated unfairly.

The Fisher Stark Approach

When we take on an eminent domain case, we approach it with the same level of preparation and determination we bring to any case. We:

• Review every document and valuation the government relies on.
• Conduct an independent appraisal to reveal the property’s true market value.
• Consult engineers and land-use planners to evaluate access, drainage, and development potential.
• Negotiate strategically but litigate aggressively when necessary.

Our goal is simple: to make sure you’re paid not what’s convenient for the government, but what’s fair for you.

Standing Up for What’s Yours

If you’ve received a government offer that feels far too low, you don’t have to accept it. The Constitution and North Carolina law give you the right to demand fair compensation for your property and to have a lawyer fight for that outcome on your behalf.

At Fisher Stark, P.A., we’ve helped property owners across Asheville and Western North Carolina stand up to powerful agencies and corporations. Whether your case involves a partial taking, a full seizure, or damage to the value of your remaining land, we’re here to make sure you’re treated fairly.

Talk to an Eminent Domain Attorney in Asheville

If you believe you’ve received an eminent domain lowball offer, don’t go through this alone. Talk to a condemnation lawyer who understands what’s at stake and how to protect your rights.

Call Fisher Stark, P.A. at (828) 505-4300
99 McDowell St, Asheville, NC 28801
https://fisherstark.com

Let us review your offer, explain your options, and help you pursue the compensation you deserve.
Because when the government comes for your property, you still have power — and Fisher Stark is here to help you use it.