Right of Way
The right of way eminent domain staff is responsible for coordinating the department's eminent
domain activities with attorneys and other experts representing the department during condemnation proceedings.
If the department and the property owner cannot agree on the price to be paid for the owner's property,
the department may choose to file an eminent domain suit to acquire the property. Throughout the litigation
process the department will continue to negotiate with the land owner and their attorney. If agreement can
be reached, the litigation will be ended and the agreed amount will be paid. Ultimately, if the owner
and the department cannot agree, a jury may decide the amount the department must pay for the acquired
land. The department will pay all property owners expenses for an attorney and other necessary experts
throughout the condemnation process.