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Section 11: Updating Offer of Just Compensation (for State and LPA)

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Procedure

Have an appraisal updated or obtain a new appraisal if any of the following conditions occur:

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  • Information provided by the property owner indicates a need for a new or updated appraisal.
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  • A material change in the property's condition indicates a need for a new or updated appraisal.
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  • Significant time passes since the last appraisal.

If this updated or new appraisal indicates a need to change the just compensation, then submit the revised appraisal to the property owner. If the updated or new appraisal is completed after a petition in condemnation has been filed, submit it to the landowner using the form ROW-N-PostPetition Post-Petition Updated Appraisal Letter. Unless the scope of property rights being appraised has increased, there is no need to restart an otherwise completed Bona Fide Offer process.

Should a post-petition updated appraisal result in an agreement with the property owner and such owner desires to close the transaction by deed, do not terminate ED proceedings until the parcel is completely closed and a waiver of attorney's fees has been obtained.

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